EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Massive Prints, Inc. - Decision After Reconsideration

The six month statute of limitations for issuing citations was tolled by Employer's failure to report a serious injury to the Division. The citation was issued within six months of when the Division was informed of the accident so it was issued timely. The credible testimony of the injured employee need not be corroborated pursuant to Evidence Code section 411. Employer presented no witness testimony supporting the contention that the cause of the injury was the machine not being interlocked to the rope guard or otherwise guarded pursuant to section 4002(a). The evidence supports the ALJ's finding of a violation. The size and speed of rotation of the machine plus the fact that an employee was seriously injured in this accident establishes a substantial probability of serious physical harm or death. The missing rope guard was readily visible. The serious classification was correct. The violation caused a serious injury so the $4,000 civil penalty was reasonable.

MASSIVE PRINTS, INC. 98- 1789
July 27, 2001