EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD
Summary of Quest Environmental – Denial of Petition for Reconsideration
The ALJ found that Employer did not exercise reasonable diligence in determining
whether hydraulic lines had been drained before commencing demolition work and
sustained a serious, accident-related violation. Employer’s petition for
reconsideration alleged that the ALJ’s decision was unjust. Employer claimed
that evidence which was presented at an informal meeting with OSHA in addition
to a letter submitted to the Appeals Board prior to the hearing should have
been allowed. The Board agreed with the ALJ that the documentary evidence which
was submitted by Employer at the hearing and attached to its petition for reconsideration
did not meet basic foundational requirements. Even if the document were allowed
into evidence, the Board held that the evidence submitted fell short of establishing
the Independent Employee Act Defense.
Quest Environmental, 01-2955 (MS Word)
Quest Environmental, 01-2955 (Adobe Acrobat)
July 1, 2003