Film Allman, LLC v. Secretary of Labor
682 F. App'x 860
| 11th Cir. | 2017Background
- On Feb. 20, 2014, during filming of Midnight Rider on an active CSX railroad trestle in Jesup, Georgia, a freight train struck the set, killing a camera assistant and injuring others.
- Film Allman knew the tracks were active and that CSX had refused permission to film on them; no CSX representatives were present to control train traffic.
- OSHA’s Secretary investigated and issued multiple citations; the only item on appeal is a willful violation of OSHA § 5(a)(1) (the general duty clause) for failing to protect employees from being struck by a train.
- An ALJ found the violation willful and imposed the $70,000 statutory maximum penalty; the Commission declined discretionary review, making the ALJ’s decision final.
- Film Allman appealed, challenging (1) the Secretary’s invocation of the informer’s privilege to withhold parts of witness statements, (2) the sufficiency of evidence for a willful classification, and (3) the appropriateness of the maximum penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Informer’s privilege invocation | Secretary properly withheld informer-identifying info to protect sources | Film Allman argued privilege prevented meaningful defense | Court upheld Commission’s decision to defer to the Secretary’s invocation |
| Willfulness of §5(a)(1) violation | Secretary: Film Allman acted with willful disregard by knowingly exposing employees to known hazard | Film Allman argued evidence insufficient to show willful conduct | Court found substantial evidence supports finding of willfulness |
| Penalty amount | Secretary/ALJ: maximum penalty appropriate given egregious facts and willfulness | Film Allman argued $70,000 was excessive/abuse of discretion | Court held penalty not an abuse of discretion and affirmed $70,000 |
Key Cases Cited
- Fluor Daniel v. Occupational Safety & Health Review Comm'n, 295 F.3d 1232 (11th Cir. 2002) (Commission findings entitled to considerable deference)
- J.A.M. Builders, Inc. v. Herman, 233 F.3d 1350 (11th Cir. 2000) (substantial-evidence review of willfulness finding)
- Niemand Indus., Inc. v. Reich, 73 F.3d 1083 (11th Cir. 1996) (substantial-evidence standard on Commission findings)
- Lewis v. Callahan, 125 F.3d 1436 (11th Cir. 1997) (definition of substantial evidence)
- Reich v. Trinity Indus., 16 F.3d 1149 (11th Cir. 1994) (review standard for Commission legal determinations)
- D & S Grading Co. v. Sec’y of Labor, 899 F.2d 1145 (11th Cir. 1990) (penalty reviewed for abuse of discretion)