Manesh Rath Quoted in Bloomberg Law Article on OSHA Machine Guarding Standards

Keller and Heckman Partner Manesh Rath was quoted in the Bloomberg Law article, “OSHA Machine Guarding Standards Face Key Test at Fifth Circuit.” The article summarizes a poultry processor’s attempt to overturn Occupational Health and Safety Administration (OSHA) citations, due to the death of an employee caught in a machine that cuts chicken.

A key issue in the case that will be before a Fifth Circuit panel is whether the machine should have been guarded based on the daily common practice of workers rather than based on their training, according to Manesh.

“In part, this case is important because it forces the court to deal with the question of whether training, by itself, is sufficient to achieve a safe operation of a hazardous machinery,” said Manesh. “Particularly if there is strong evidence that workers were not perfectly following the procedures that they were trained to follow.”

To read the full article, please click here.