EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of R.D. Engineering & Construction, Inc. - Decision After Reconsideration

Employer was cited under section 1675(j) for allowing an employee to use an unsecured ladder. Employer raised the Independent Employee Action Defense. The ALJ denied the appeal. Employer seeks reconsideration on the ground that the ALJ "created a defense for the Division" by considering authority not presented by the parties. The Board rejects that ground, relying on HFS 98-3079. Employer also sought to introduce a receipt for the manlift rental with its petition for reconsideration The Board rejected that because there was no showing that the receipt could not have been presented at hearing and it was not relevant to improper use of the ladder. Other issues were adequately addressed by the ALJ or not raised and thus waived.

R.D. ENGINEERING & CONSTRUCTION, INC. 98-1938
August 29, 2001