OCCUPATIONAL SAFETY AND HEALTH
Summary of Baldwin Contracting Company, Inc. - Decision After Reconsideration
Employer was cited for not maintaining a mobile asphalt plant "as recommended by the manufacturer", per section 3328(b). Employer modified the plant and developed its own cleaning procedure that was different from the procedure demonstrated by the manufacturer's representatives. The Board held that the demonstration by the manufacturer was a recommendation of the manufacturer and the testimony of employees who saw the demonstration and heard what the manufacturers representatives said was not inadmissible hearsay. The fact that Employer modified the plant did not relieve it of its duty to follow the manufacturers recommendations. The fact that the ALJ denied the appeal based upon a theory advanced by the affected employee/third party and not the Division, did not violate Employer's due process rights. A serious violation of section 3328(b) was upheld.
Contracting Company, Inc., 97-2648
December 17, 2001