Legal Environment of Business 8th Edition by Henry Cheeseman

Exercise 2

Occupational Safety Getty Oil Company (Getty) operates a separation facility where it gathers gas and oil from wells and transmits them to an outgoing pipeline under high pressure. Getty engineers designed and produced a pressure vessel, called a fluid booster, which was to be installed to increase pressure in the system. Robinson, a Getty engineer, was instructed to install the vessel. Robinson picked up the vessel from the welding shop without having it tested. After he completed the installation, the pressure valve was put into operation. When the pressure increased from 300 to 930 pounds per square inch, an explosion occurred. Robinson died from the explosion, and another Getty employee was seriously injured. The secretary of labor issued a citation against Getty for violating the general duty provision for worker safety contained in the Occupational Safety and Health Act. Getty challenged the citation. Who wins? Getty Oil Company v. Occupational Safety and Health Review Commission, 530 F.2d 1143, Web 1976 U.S. App. Lexis 11640 (United States Court of Appeals for the Fifth Circuit)