DAVIS H. ELLIOT CONSTRUCTION COMPANY, INC. V. COMMISSIONER OF LABOR AND WORKFORCE DEVELOPMENT, ET AL. - Articles

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Posted by: Tanja Trezise on Mar 2, 2015

Court: TN Court of Appeals

Attorneys 1:

Paul Kent Bramlett, Nashville, Tennessee, Robert Preston Bramlett, Nashville, Tennessee, and Carl B. Carruth, Columbia, South Carolina, for the appellant, Davis H. Elliot Construction Company, Inc.

Attorneys 2:

Ryan L. McGehee, Nashville, Tennessee, for the appellees, the Commissioner of Labor and Workforce Development and the Division of Occupational Safety and Health Review Commission.

Judge(s): ARMSTRONG

This appeal involves review of an administrative decision. Chattanooga?s local utility company hired the Appellant construction company to perform preliminary work on the utility company?s fiber-optic internet infrastructure. One of the Appellant?s employees was injured while performing this work. The Tennessee Department of Labor and Workforce Development?s Division of Occupational Safety and Health (“TOSHA”) conducted an investigation of the incident. Thereafter, on recommendation of the inspector, TOSHA cited the Appellant for violations of the telecommunications safety regulations. Appellant contested the citations before the Division of Occupational Safety and Health Review Commission (“the Commission”), which upheld the citations. Appellant then appealed the Commission?s decision to the Davidson County Chancery Court, which also affirmed the citations. Appellant now appeals the Chancery Court?s decision to this Court. We conclude that TOSHA erred in applying the telecommunications regulation instead of the construction regulations. Accordingly, we reverse the trial court and vacate the citations issued to Appellant construction company.

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