EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Pierce Enterprises. - DAR

The citation which was issued on the afternoon of last day of the six month period to issue a citation is timely. The section 1644(a)(6) violation for missing scaffold railings was upheld based on Employer’s authorized admission. A 12' fall distance could result in serious physical harm or death. Employer could have known that the railings were missing - they did not conduct a pre-work inspection on the morning of the accident. Employer’s admissions also established that the violation was accident related. The Independent Employee Action Defense doesn't apply when the violation is for failure to provide required positive guarding.

PIERCE ENTERPRISES 00-1951 DAR 3/15/02