Case Explained: Precision Refractory Services, L.L.C., and its Successors v. Keith Sonderling, Acting Secretary, U.S. Department of Labor; Occupational Safety and Health Review Commission

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-14

The Fifth Circuit denied the petition for review of a final order by the Occupational Safety and Health Review Commission (OSHRC) that found Precision Refractory Services, L.L.C. liable for a serious violation of 29 C.F.R. § 1926.451(h)(2)(i)–(v). The court affirmed the Commission’s finding that the employer failed to prevent objects from falling off scaffolding and striking employees, specifically rejecting the argument that liability was barred because the scaffolding exceeded ten meters in height and required toeboards. The court held that the regulation provides five “alternative means” of compliance and that an employer is liable for failing to implement any one of them, regardless of whether specific methods like toeboards were technically feasible or required by other standards. Regarding the element of knowledge, the court applied the standard requiring the Secretary of Labor to prove by a preponderance of the evidence that the employer knew, or with reasonable diligence could have known, of the violative condition. The court found substantial evidence in the record supporting the imputation of knowledge from supervisory personnel to the employer, noting testimony that tools and materials were present on upper scaffold levels and being thrown downward. Additionally, the court affirmed the finding that the violation was “serious” based on the presence of a danger of falling objects. As a practical consequence, the OSHRC’s order imposing a $7,000 fine on Precision Refractory Services remains in full force and effect, and the employer is not relieved of liability for the safety violation.

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