191517P.pdf   06/02/2020  Jacobs Field Services  v.  Eugene Scalia
   U.S. Court of Appeals Case No:  19-1517
   Petition for Review of an Order of the Occupational Safety & Health Review Commi   
   [PUBLISHED] [Loken, Author, with Chief Judge Smith and Gruender, Circuit 
   Judges] 
   Petition for Review - Occupational Safety and Health Review. Petition for 
   review of citation to Jacob Field Services for violatio of section 
   1910.335(a)(1)(I) after an apprentice electrician was seriously burned by 
   an arc flash while connecting wires from a new electrical panel. After 
   completing his assigned task to terminate load-side wires, Timothy sky 
   removed his protective gear and was asked to attach the neutral wire to 
   the ground bar, when the arc flash occurred. The ALJ erred in concluding 
   Jacobs violated the regulation by permitting Sky to remove his protective 
   gear. A violation, however, occurred when Sky was not required to put his 
   protective gear back on to remove the ground bar. Substantial evidence 
   supported the ALJ's finding that Jacobs knew or should have known of the 
   need to reevaluate its permissive protective gear policy once Sky was told 
   to complete addition work. Jacobs's other defenses are without merit. The 
   petition for review is denied.