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Appeals court denies review petition in worker’s arm de-skinning

A federal appeals court turned down a review petition by a manufacturing company cited by the U.S. Occupational Safety and Health Administration after a worker’s arm was broken and de-skinned.

The U.S. Court of Appeals, District of Columbia Circuit Friday denied a bid by Massachusetts-based Riverdale Mills Corp. to review a decision by the Occupational Safety and Health Review Commission that let stand three workplace safety citations following an April 2019 workplace incident.

A worker was attempting to adjust welded wire mesh during a machining process when his arm became caught. The machine broke bones in the worker’s arm and pulled off his skin.

The employer was cited for failing to comply with lockout/tagout standards, failing to offer hazardous chemical exposure training, and failing to comply with a request to make available safety data sheets.

A comp judge upheld the citations and the review commission affirmed.

The appeals court said evidence supports the judge’s decision affirming all citations.

The court said a maintenance supervisor had access to the violative condition and that his testimony that the company never performed a periodic inspection with him in nine years working at the facility was believable.