The work took place at a staging yard supporting an LNG project. While the floor was being constructed from plywood and braces, the injured employee attempted a solo cut without his partner holding the material steady. The saw jumped and his hand was drawn into the blade, resulting in significant injury, which included six severed tendons and a fractured bone.

Following a mandatory employee hospitalization report, OSHA conducted an inspection and issued a “Serious” citation. The Secretary alleged that Sunbelt had failed to provide adequate instructions and training regarding the safe use and set-up of the battery-operated circular saw, in violation of 29 CFR § 1926.21(b)(2). This standard requires that employers instruct each employee in the recognition and avoidance of unsafe conditions in their work environment.

During this proceeding and at trial, Sunbelt produced documentation that its employees had received both general orientation and site-specific safety briefings. Its safety program included training through the Houston Area Safety Council (HASC), internal job safety analyses (JSAs), weekly toolbox talks and visual reminders such as posters at each branch. Significantly, Sunbelt also had a task-specific JSA created in 2017 covering circular saw hazards, including instructions on avoiding kickback, among the risks present in this incident.

Both employees had signed off on JSAs from June 3 and June 6, which included references to saw hazards. The foreman testified that he had instructed the crew to use both hands, brace materials with a partner, and keep hands clear of the blade. The yard associate corroborated these instructions and recalled similar guidance from his earlier general training.

Sunbelt’s safety director further explained that company policy required saws to be used only on flat, stable surfaces, and it emphasized the prohibition against holding materials in the air during cuts. These safety principles were included in the 2017 saw-specific JSA, made available online and posted prominently at Sunbelt’s yards. Sunbelt also maintained a progressive disciplinary policy and terminated employees for safety violations. In fact, it had a documented culture of safety observation and reinforcement.

The Administrative Law Judge found that the Secretary failed to prove noncompliance with the cited standard. First, the court held that the cited standard clearly applied, as the circular saw posed recognized hazards. However, the ALJ determined that Sunbelt had met the standard of a reasonably prudent employer by providing adequate instruction on the hazard through a combination of general training modules (that included power tool use), daily JSAs identifying saw risks, direct verbal instructions from the supervisor, a task-specific 2017 circular saw JSA, and it posted reminders in training rooms and yards.

The ALJ also rejected OSHA’s reliance on unverified interview notes that conflicted with employee trial testimony. These notes were unsigned and not reviewed for accuracy and the ALJ afforded them limited evidentiary weight. Where they conflicted with credible, corroborated testimony from the yard associate and foreman, the latter was favored.

Consequently, the Citation was vacated. Yet, this decision still underscores the need for companies to proactively document and reinforce safety instructions through both formal training and daily on-site communications, particularly when assigning hazardous tools to workers in temporary or transient yard conditions, or rotating assignments. Some key takeaways are as follows:

Training Must Be Hazard-Specific: A general orientation alone is not enough. Employers must demonstrate that training addresses the specific tools and tasks employees will use.

Documentation Matters: Signed JSAs, training logs, disciplinary records and job-specific instructions (like Sunbelt’s 2017 circular saw JSA) are crucial when facing scrutiny.

Don’t Rely on Experience Alone: It is not enough that employees say they’ve used a tool before. Employers must verify and document that proper instructions have been provided.

Verbal Instructions Still Count, if Credibly Delivered and Corroborated: The ALJ accepted verbal safety briefings as adequate when supported by written materials and consistent testimony.

The Sunbelt decision may offer relief to employers who fear that even well-designed safety programs can be second-guessed after an accident. However, it should not be read as a license for laxity. Rather, it highlights the importance of layering safety communications, documenting hazard-specific training and reinforcing expectations through site supervision.

Just because a tool is portable doesn’t mean the risks are too. Employers must ensure that safety instructions follow the worker from the shop floor to every jobsite. Doing so satisfies regulatory expectations and it can prevent injuries before they occur.

About the author: Costas Cyprus, Esq., practices construction law and commercial litigation with Welby, Brady & Greenblatt, LLP, in White Plains, NY. He can be reached at 914-428-2100 and at ccyprus@wbgllp.com. The articles in this series do not constitute legal advice and are intended for general guidance only.

Published: October 16, 2025.