When a supervisor directed an employee to proceed with excavation operations despite knowing of unsafe working conditions, their employer was vicariously liable for a willful violation of Occupational Safety and Health Administration (OSHA) rules, the 5th U.S. Circuit Court of Appeals decided. The court determined that the supervisor’s disregard of safety rules did not constitute the crux of the infraction such that it might relieve the company from liability as unforeseeable supervisor misconduct.
