EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Mansfield Plumbing Products - Decision After Reconsideration

The two-handed controls of a machine that hydraulically punched holes in bathtubs were not far enough away to prevent the operator from reaching a point of operation before completion of the slow, 5 second, ram down-stroke. Employer was cited under section 4208(g))(3) because the machine is a hydraulic power operated press to which section 4208 applies pursuant to section 4189. It had a ram with a punching die attached. A "ram" is a "slide" for purposes of section 4189. (Reinhold Industries, Inc. 95-4251 12/21/00) The reference to "crankshaft rotation", a mechanical press function, in section 4208(g)(3) does not overcome the express statement in section 4189 that it applies to hydraulic presses also. The definition of a power press does not say that the slide or ram has to be controlled by the frame of the machine. Employer's expert testimony on these points was rejected. The ALJ decision was overruled by the Board and the violation was sustained.

MANSFIELD PLUMBING PRODUCTS 97-2138
July 12, 2001