Eatherly Constraction Co. v. Department of Labor & Workforce Development

OPINION

FRANK G. CLEMENT, JR., J„

delivered the opinion of the court, in which

WILLIAM B. CAIN and PATRICIA J. COTTRELL, JJ., joined.

A construction company appeals the finding it violated an Occupational Safety and Health Administration regulation that prohibits employees from entering a large excavated trench that does not contain adequate protection to prevent the earthen walls from collapsing on employees. The company contends it did not violate the regulation because its foreman was the only one who entered the unprotected trench and a foreman is not an “employee” as that term is defined by…