New River v. OSHRC: 4th Circuit Reverses OSHA Violation Findings

New River Electrical Corporation was cited by OSHA after an employee suffered severe burns from contact with an energized cable during an underground cable replacement project. The Fourth Circuit concluded that the Administrative Law Judge improperly shifted the burden of proving constructive knowledge and foreseeability to the employer. The court reversed the Commission's order and remanded for further proceedings with the proper allocation of the burden of proof.

Original article:https://www.whitcomblawpc.com/business-law-blog/new-river-v.-oshrc-4th-circuit-reverses-osha-violation-findings