EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of J & M, Inc. – Decision after reconsideration

The employer’s employee was seriously injured on June 27, 2000 when the trench he was working in collapsed upon him. The employer was cited for a violation of section 1541.1(a)(1)(B) for failure to provide adequate protective shoring. The citation alleged that the violation occurred on June 26, 2000. The division’s compliance officer testified that the accident occurred on June 27th; the employer conceded that the accident actually happened on June 27th. The employer argued that the ALJ improperly amended the citation after submission by affirming an alleged violation occurred on June 26th. The board granted the employer’s appeal. Section 386(b) requires that before ordering the amendment after submission, the ALJ must give notice of the intended amendment to all parties to allow them to show prejudice or the amendment will not be allowed.

J & M, Inc. 01-120 (Word)
J & M, Inc. 01-120 (Adobe Acrobat)

August 6, 2004