Background
The case arose from an accident at an oil well in Texas where a corroded pipe ruptured during a depressurization operation, killing two employees and injuring a third. The Secretary of Labor cited TCP Specialists, LLC for a serious violation of the Occupational Safety and Health Act’s General Duty Clause, alleging the company’s employees stood unnecessarily close to the frac stack and pressurized piping. An administrative law judge upheld the citation, finding that a buffer zone would have prevented the harm and was feasible for the employer to implement. The Occupational Safety and Health Review Commission denied discretionary review, making the administrative law judge’s decision a final order.
The court’s reasoning
The court reviewed the administrative law judge’s factual findings for substantial evidence and the application of law for arbitrariness or capriciousness. The court rejected the petitioner’s argument that the hazard was improperly defined as the absence of an abatement measure, noting the citation identified the physical agents of the hazard as the frac stack and pressured piping. The court found substantial evidence supported the conclusion that a buffer zone would have reduced risk and was feasible, as the employees’ tasks did not require them to stand near the wellhead. The court also rejected the constitutional vagueness challenge, determining the hazard was specific to the depressurization activity and provided fair notice to the employer.
The Secretary and ALJ both identified the hazard by reference to the physical agents composing it—the frac stack and pressured piping.
TCP Specialists, LLC v. Secretary of Labor, Opinion for the Court filed by Circuit Judge Henderson
What it means going forward
The decision reinforces the enforceability of the General Duty Clause in the oil and gas industry, confirming that employers must establish buffer zones and control employee proximity during high-risk operations like well depressurization.