EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of The Home Depot - Decision After Reconsideration

Employer was cited because the 131-inch height of a 24-inch x 24-inch platform at the top of a mobile ladder stand (MLS) exceeded the least base dimension of 36½ inches by more than the allowable ration of 3 to 1. The definition of a MLS in section 3621 says it "does not include a platform". Employer argues its device is not a MLS because it has a platform so the safety order does not apply. The Board reviews the safety order in its context and includes a reference to the applicable legal principles regarding interpretation of the safety orders, and concludes that Employer's device is an MLS despite the platform. Thus, section 3627(b), which says that MLSs must comply with the section 3622(f)(1) height to width ratio, applied. Employer's argument that section 3627(b) is unenforceably vague or that it cannot incorporate section 3622(f)(1) because section 3622(f)(1) states that the height measurement is to be made to the highest working "platform" is rejected as unreasonable.

THE HOME DEPOT, 98-2236
December 20, 2001