Basic Energy Services v. Occupational Safety & Health Review Commission
666 F. App'x 364
| 5th Cir. | 2016Background
- Basic Energy Services operates mobile well-servicing rigs that travel on highways and convert to multi-platform structures with removable guardrails and hooked/adjustable metal stairs.
- On Sept. 23, 2013, an OSHA inspector photographed a crew on Basic’s rig and observed: (1) the upper platform lacked guardrails on part of its open side and measured about seven feet above ground, and (2) there were stairs from ground to the lower platform but no stairs from the lower to the upper platform.
- OSHA cited Basic for violating 29 C.F.R. § 1910.24(b) (requirement of fixed stairs between levels) and § 1910.23(c)(1) (guardrails for platforms 4 feet or more above ground).
- ALJ affirmed both citations, rejected Basic’s infeasibility/greater-hazard defenses to the guardrail citation, found the fixed-stairs violation serious and the guardrail violation repeat, and assessed penalties totaling $44,000.
- Basic petitioned the Commission for discretionary review but the Commission denied review; Basic then petitioned the Fifth Circuit for review of the Commission’s final order.
Issues
| Issue | Plaintiff's Argument (Basic) | Defendant's Argument (Secretary) | Held |
|---|---|---|---|
| Whether § 1910.24(b) ("fixed stairs") applies to mobile well‑servicing rigs | "Fixed" means permanently attached; mobile rigs cannot have permanently attached stairs, so § 1910.24(b) is inapplicable | "Fixed" means attached or secured to prevent movement; mobile rig stairs can be "fixed" for safety | Court upheld Secretary’s interpretation and held § 1910.24(b) applies to Basic’s rig |
| Meaning of "fixed" in § 1910.24(b) | Requires permanent attachment | Reasonable to read as "secured/fastened to prevent movement" | Court deferred to Secretary; "fixed" can mean fastened/secured rather than permanently immovable |
| Whether the articulated‑stairs exception (§ 1910.24(a)) covers Basic’s rig | Rig sections articulate; exception should apply | Exception applies only to stairs that change angle with base rise/fall (e.g., floating roofs); stairs themselves must articulate | Court adopted Secretary’s reading; exception does not cover Basic’s rig |
| Whether § 1910.23(c)(1) (guardrails) is inapplicable to mobile rigs | Argues regulation does not apply to mobile rigs (raised on appeal) | Commission/Secretary treat standard as applying; Basic previously argued infeasibility/greater hazard | Court held Basic waived argument that the regulation is inapplicable because it didn’t raise that point before the Commission; waiver bars review |
Key Cases Cited
- Sanderson Farms, Inc. v. Perez, 811 F.3d 730 (5th Cir. 2016) (standard for reviewing Commission legal conclusions)
- Austin Indus. Specialty Servs., L.P. v. Occupational Safety & Health Review Comm’n, 765 F.3d 434 (5th Cir. 2014) (review scope of Commission actions)
- Trinity Marine Nashville, Inc. v. Occupational Safety & Health Review Comm’n, 275 F.3d 423 (5th Cir. 2001) (deference to Secretary’s reasonable interpretations of OSHA regulations)
- Martin v. Occupational Safety & Health Review Comm’n, 499 U.S. 144 (1991) (framework for judicial deference to agency interpretations)