EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Dennis J. Amoroso Construction Co., Inc. - Decision After Reconsideration

Employees were assigned to clear scrap from a 19-foot high roof. Employer, through its foreman and supervisor, knew there was an unmarked sheet of plywood covering an opening in the roof; it was not secured. One employee lifted the plywood, fell through the opening and was killed. The Division cited Employer for a serious violation of section 1632(b) because the hole cover was not secured and marked. The Board upheld the violation. The inspector’s testimony that a 19-foot fall is substantially probable to result in serious physical harm or death is admissible, there is no basis for finding it was not based upon his own perceptions, not hearsay from others, nor is it an incompetent "expert" opinion. The employee's death was corroborative, so is the Standards Board's 7½-foot general fall protection threshold. Employer knew or could have known that the plywood was unsecured and the foreman's testimony proved Employer knew or should have known that employees would enter the zone of danger and might mistake the plywood for scrap. A serious violation of section 1632(b) was upheld.

Dennis J. Amoroso Construction Co., Inc., 98-4256
December 20, 2001