Byrd Ordered to Pay Safety Fine
The U.S Court of Appeals for the 5th Circuit upheld a decision against Byrd Telcom requiring the company to pay a $7,000 fine under the 1970 Occupational Safety and Health Act after two workers were killed on a cellular tower…
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by a falling, improperly rigged gin pole. An administrative law judge earlier upheld the fine, the court said. “We affirm because substantial evidence on the record as a whole supports the ALJ’s findings,” the 5th Circuit decided Friday. The incident happened in 2013 on a tower in Mississippi. “The standard industry practice for the rigging of gin poles involves the use of two chokers connected together with a shackle,” the court said. But a week before the accident, Byrd employees used a carabiner, saying they didn’t have a shackle available. “The carabiner is designed for fall protection, not for hoisting large objects,” the 5th Circuit said.