Manesh Rath Quoted in Inside OSHA Article on ALJ Decision Underscoring ‘Danger Zone’ Enforcement Test

Keller and Heckman Partner Manesh Rath was quoted in the Inside OSHA article, “Attorneys See ALJ Decision Underscoring ‘Danger Zone’ Enforcement Test.” The article refers to Keller and Heckman’s August 21, 2024, OSHA 30/30 webinar, where Manesh highlighted the enforcement case, Secretary of Labor v. C&S Technical Resources. In this case, the administrative law judge (ALJ) found that the Occupational Safety and Health Administration (OSHA) did not meet the burden of proof to show specific evidence of an industry practice regarding a recognized “danger zone” around machines in the workplace.

According to Manesh, the “key” to the ALJ’s decision was that the agency needed to prove “that either the employer or its industry would have recognized what a zone of danger was in order for OSHA to be able to successfully establish its violation… But in this particular case, there's no generally recognized industry acceptable zone boundary for a zone of danger, inside of which employees may not stand or position themselves while performing their work.”

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