Citation vacated in lumber fatality

An Occupational Safety and Health Review Commission judge in December ordered to vacate a fatality citation issued to a Pennsylvania-based lumber supplier based on the definition of “allow” in considering a company’s responsibility and control of employee conduct.

In November 2019, an 84 Lumber Co. employee was using a forklift to load bundles of wood onto the bed of a semi owned and operated by BLS Trucking when the BLS driver unexpectedly ran under the suspended load on the forklift. The bundle became unstable and fell onto the BLS employee, killing him, court documents state.

The Occupational Safety and Health Administration sent an officer from the Compliance Safety and Health Office to conduct an inspection of the accident, who found 84 Lumber at fault for “allowing” the BLS employee to pass under the loaded forklift. OSHA issued a one-item citation and a proposed penalty of $13,494, documents state.

A trial was held in August 2021 in which four witnesses testified. Denver-based OSHRC judge Patrick Augustine considered the definition of “allow” in the regulation allegedly violated as either explicit or implicit permission given for certain conduct.

In the court order issued in December 2021 and updated on Feb. 24, the judge determined 84 Lumber had not allowed the BLS employee to pass under the unstable forklift as the regulation defines “permission” and therefore did not violate the cited standard, ordering the citation to be vacated.