EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD


Summary of Rosendin Electric, Inc. - DAR

A boom on a hydraulic truck-mounted crane contacted an energized overhead high-voltage line while traveling next to a freeway. The crane operator forgot to lower the boom after loading poles that were being transported to the worksite. A serious violation of section 2946(b)(3) [minimum clearances from energized high voltage lines for operation of boom-type lifting equipment] was affirmed. The evidence established that actual contact was made with the high voltage lines so the minimum clearance was not maintained. The Board rejected arguments that employees were only driving the boom truck in its capacity as a motor vehicle and that section 2946(b)(2) is more specific to the facts of this case. Section 2946(b)(2) does not apply because the boom was not lowered when the accident occurred, and even if that section applied, Employer would have been in violation of either section. The fact that the Division cited an arguably less appropriate section does not constitute a defense to the section cited (Wetsel-Oviatt Lumber Company, Cal/OSHA App. 94-1462, DAR (4/12/00).)

ROSENDIN ELECTRIC, INC. 98-2298
June 29, 2001