EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Preferred Framing, Inc. - DAR

The Division’s failure to timely produce photographs in response to Employer’s written discovery request was not shown to be willful. The Board refused to grant Employer’s motion to dismiss the citations or impose the “functional equivalent” of establishing the Independent Employee Action Defense on that basis. The Board also found that one foreman at the 10 acre site where 35-40 carpenters were constructing houses on 40 lots was insufficient to exercise reasonable supervisory diligence and, thus, effectively enforce Employer’s safety program. Element 3 of the Independent Employee Action Defense was not proven. The Board upheld general violations for using a frayed electrical cord and for pegging back a guard on a powered circular hand saw.

PREFERRED FRAMING, INC. 00-3419
12/24/02