EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Patent Construction Systems – Decision After Reconsideration

An employee used a cracked truss when erecting a metal scaffold. It gave way and the employee fell 15-20 feet and was seriously injured. The Division cited Employer for a serious violation of section 1644(a)(2). Employer petitioned for reconsideration on the ground that its Independent Employee Action Defense should have been granted by the ALJ. The Board finds that Employer failed to prove it had a well-devised safety plan. Employer’s plan consisted of pre-printed generic rules. There was no proof of a system of assuring that it was communicated to and understood by all employees. Also the program violated public policy by delegating to employees “sole responsibility for the safety of the materials and tools to be used in their employment."

PATENT CONSTRUCTION SYSTEMS 97-1407
August 2, 2002