U.S. appeals court rules against OSHA on machine guards

A federal appeals court has ruled against OSHA in a case stemming from a fatal accident involving a lathe at a manufacturing plant, saying that the agency’s interpretation of its regulations on machine guards “strains a common sense reading.”

The 8th U.S. Circuit Court of Appeals found that regulations were designed to protect workers from “point of contact risks and risks associated with the routine operation of lathes, such as flakes and sparks.” The accident at a Loren Cook Co. plant was “catastrophic” rather than routine, the court said, occurring when a 12-pound rotating work-piece broke loose from the lathe traveling at a speed of 50 to 70 mph and struck a worker in the head.

OSHA had argued that the agency was entitled to “deference” in its interpretation of its regulations. The Court agreed, but said that the interpretation has to be “reasonable.” In this case, it was not, the court said.

OSHA had issued 7 violations against the company and proposed a $490,000 fine.