Examination Citation for Elevators Violated Due Process Rights

Judge Thomas McCarthy vacated an S&S citation issued against Cemex’s Demopolis plant under §56.18002(a) for allegedly failing to designate a competent person to inspect elevators for each shift. The decision is similar to a July 2016, decision by Judge Barbour. Judge McCarthy found that the Secretary did not give “fair notice” to the operator that elevators fell within the definition…

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