EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Bryant Rubber Corp. – Decision after reconsideration

Employer filed timely appeals from a serious violation of section 3314(b) [lock-out controls] and a general violation of section 3314(f) [energy control procedures] in connection with an injury accident involving employer's hydraulic press machine. The ALJ denied employer's motion to amend the appeal to assert the independent employee act defense (IEAD) at hearing as untimely and prejudicial to the division. The board held that the ALJ did not abuse her discretion and that the amendment was properly disallowed. The board also held that, contrary to employer's position, section 3314(b) expressly applied to setting-up operations and not only to cleaning, repairing, servicing and adjusting of prime movers, machinery and equipment; and further, based upon the lack of adequate supervision of the injured worker and lack of instructions regarding the use of safety blocks for the changing of dies, employer failed to establish that it did not, and could not with the exercise of reasonable diligence, know of the presence of the violation pursuant to Labor Code 6432(b). The board further upheld the general violation of section 3314(f) finding that the documents provided by employer lack the specificity requirements of that section.

Bryant Rubber Corp., 01-1358 (MS Word)
Bryant Rubber Corp., 01-1358 (Adobe Acrobat)

August 21, 2003