Occupational Safety and Health Appeals Board
Bigge Crane And Rigging – Decision after reconsideration
Employer owns and operates cranes used to erect structural steel for the construction of buildings and structures. The division cited employer for an alleged regulatory violation of section 341.1(a) for failing to obtain a construction permit from the division for construction of a grandstand bleacher complex in excess of three stories. As planned, when employer completed the structure, the top of the bleacher section would be at a height of 60 feet with luxury suites in the grandstand at a height of 100 feet. Employer contended that it was not required to obtain a construction permit because the structural components erected were completed in phases, with each structure independent of the next; and that the Phase I structure in place at the time of the division’s inspection was approximately 30 feet in height – less than three stories high. The board adopted the ALJ's holding that employer did not obtain a construction permit prior to construction of the structure more than three stories high. Over a hearsay objection, the ALJ correctly admitted the sub-contract agreement offered by the division to prove the matter asserted (the extent of the project as a single structure) for the purpose of supplementing and explaining other evidence obtained by the division from employer. The violation and penalty assessed by the ALJ were affirmed.
Bigge Crane and Rigging,
01-5132 (MS Word)
Bigge Crane and Rigging, 01-5132 (Adobe Acrobat)
December 30, 2003