EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Mattarozzi-Pelsinger Builders, Inc. – Decision after reconsideration

The board upheld a serious violation of section 1632(b) [unguarded floor opening] finding that a temporary unsafe condition existed, specifically, a dumb-waiter floor opening on the second floor through which employees or materials could fall. The issue was whether that floor opening was secured and whether it had an appropriate warning required by section 1632(b). It was undisputed that no such warning was placed on the covering. Further, the employer’s witness testified that the dumb-waiter opening was regularly used to bring up construction materials between the floors. The employer also contended that the ALJ acted in excess of her powers by denying the employer an opportunity to cross-examine a witness regarding previous testimony given at deposition. The board found that the ALJ did not act in excess of her powers since the probative value, if any, of the proffered evidence would have been substantially outweighed by an undue consumption of time.

Mattarozzi-Pelsinger Builders, Inc., 01-1400 (Word)
Mattarozzi-Pelsinger Builders, Inc., 01-1400 (Adobe Acrobat)

August 12, 2004