OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Concrete Wall Sawing - DAR

The injured employee was the only one at the site. He was sawing holes in the walls of the second story. The second floor was covered with loose temporary sheeting that concealed a hole created by the removal of a floor joist. The employee somehow fell 15 feet through the hole to the first floor. The Division alleged a serious violation of section 1632(b) because the floor opening was not securely covered. The ALJ reduced the serious classification to general and also reduced the civil penalty because of the lack of Employer knowledge. The inaccurate testimony of the general contractor's foreman was not a basis for finding that the ALJ’s decision was procured by fraud (F.P. Lathrop 81-819). Employer is required to provide a safe work place regardless of the general contractor's machinations (Cal-Cut 76-955). Employer knowledge is not required to support a general violation. The violation was upheld.

CONCRETE WALL SAWING CO., INC. 97-1777
June 5. 2001