One such willful violation concerned the employer's delay in calling 911 and its failure to prevent co-workers from attempting a dangerous rescue of the employee. The supervisor acted recklessly and therefore "willfully" in failing to recognize either danger of trapped employee or applying safety procedures.
The ALJ determined that the employer did in fact commit the four OSHA violations. The employer petitioned for review. The Seventh Circuit held that the record contained sufficient evidence to support ALJ's determination. Thus, the petition was denied.