No specific laws identified for this ruling.
The Court of Appeals affirmed the Department of Labor & Industries' citations against SEFNCO Communications for serious WISHA violations related to unsafe flagger positioning. The court upheld findings that SEFNCO was a joint employer liable for the violations and that they constituted repeat serious violations.
This summary was generated to explain the ruling in plain English and is not legal advice.
Objections to magistrate's decision recommending denial of relator's request for a writ of mandamus ordering the Industrial Commission of Ohio to vacate its order granting an employee's application for an additional award of compensation based on a violation of a specific safety requirement and ordering the commission to either deny the application or grant a rehearing are overruled. By its plain language, Ohio Adm.Code 4123-3-13(D)(1) applies when "employees may be exposed to moving ground or cave-ins," and it does not require the employee to be inside a trench. Although the employee's accident occurred in Michigan, Ohio Adm.Code 4123-3-13(D)(1) applies, because compliance with that rule does not preclude an employer from also complying with Michigan's rules, which only apply when an employee is required to enter a trench. Objections overruled, and writ denied.
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