ALJ Decision in Kimble Company, d/b/a Kimble Sanitary Landfill Becomes a Final Order of the Commission

The Respondent, Kimble Company (Kimble), operates a sanitary landfill in Dover, Ohio. On November 10, 2016, a wheeled front-loader operating on the landfill struck and killed a Kimble employee who was on foot. Kimble’s timely report of the fatality to the Occupational Safety and Health Administration (OSHA), and OSHA’s subsequent investigation and inspection, resulted in OSHA issuing to Kimble a one-item serious citation alleging that on the day of the fatality Kimble had violated section 5(a)(1) of the Occupational Safety and Health Act of 1970. 29 U.S.C. §§ 651-678 (OSH Act). Section 5(a)(1), which is commonly known as the “general duty clause,” requires that each employer “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” 29 U.S.C. § 654(a)(1).