EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Nabisco, Inc. – Decision after reconsideration

The sole issue was whether the violation of section 4187(a) caused the crushing injury to the employee’s fingers. The employee was cleaning jumbo rollers used to make cookies; the rollers were unguarded. Employee reached across the jumbo rolls to pick up a piece of dough on the frame and her hand was accidentally pulled into the rolls. Even if the employee’s action was deliberate and intentional as employer claims, such misconduct is not a basis for setting aside this violation. Employer presented no evidence to suggest a guard could not be in place during the final stages of cleaning the rolls.

Nabisco, Inc., 01-722 (MS Word)
Nabisco, Inc., 01-722 (Adobe Acrobat)
November 7, 2003