Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents
• Standard Number: 1910.132(a)

January 17, 1991 

MEMORANDUM FOR: GERARD F. SCANNELL
               Assistant Secretary for
               Occupational Safety and Health

THROUGH:        PATRICIA K. CLARK Director,
               Directorate of Compliance Programs

FROM:           CYNTHIA L. ATTWOOD
               Associate Solicitor for Occupational Safety and Health

SUBJECT:        Decision in The Hardaway Co. v. Dole, No. 90-3202
In this OSHA enforcement case, the Eleventh Circuit affirmed a willfulness characterization. The Secretary had proved that Hardaway's supervisors were aware employees entered cement-filled silos without safety belts or other protection from engulfment. However, the Secretary had not proved that Hardaway recognized that OSHA's personal protective equipment standard, 29 C.F.R. 1910.132(a), applied to this operation. On appeal, Hardaway argued that a violation can never be willful unless the employer knows both that its practice is hazardous and that it violates a specific OSHA standard. The court did not consider oral argument necessary and issued a summary affirmance order.
Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents