EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Ernest & Julio Gallo Sonoma - DAR

The interlock on the access door to a pinch point above a "sparger" (spraying device) on a bottle washing machine was disabled. The Division cited Employer for a violation of section 4186(b) on the theory that the pinch point was part of the point of the sparger's spraying operation on the bottles, that the access door was, therefore, a point of operation guard, and that, with the interlock disabled, the guard was not "in safe and efficient working condition" The Board holds that the pinch point was not a part of the machine which performed an operation on the bottle or a point where stock (bottles) were fed to the machine. (Douglas Aircraft Company 78-1568 6-29-84; Johnson Aluminum Foundry 78-593 8-28-79; and, Truecast Concrete Products 80-394 11/21/84 are cited.) No violation was found.


Ernest & Julio Gallo Sonoma 98-1424

September 19. 2001