8th Circuit upholds OSHA general duty clause citation against moving company in Oct. 28 ruling
Key points
- 8th Circuit on Oct. 28 upheld OSHA's citation against a moving company
- Court accepted an internal traffic control plan as a feasible way to reduce struck-by risks
- Ruling does not automatically require traffic plans for all employers
The 8th Circuit U.S. Court of Appeals on October 28 upheld an OSHA general duty clause citation against a moving company after a fatal vehicle incident, Fisher Phillips reports. The court accepted an internal traffic control plan as a feasible way to reduce struck-by risks. The ruling does not create an automatic traffic-plan requirement for all employers.
What employers should do
- Assess vehicle and pedestrian interaction risks at worksites and consider an internal traffic control plan
- Review whether existing traffic control procedures are coordinated
Policy details
- Jurisdiction
- United States Court of Appeals for the Eighth Circuit
- Status
- Court ruling
- Effective date
- —
- Employers covered
- Employers facing OSHA general duty clause citations (this case: a moving company)
- Official source
- Official source pending
Original report: Fisher Phillips LLP ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.