EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of RGW Construction, Inc. - DAR

An employee climbing a retaining wall fell 20-25 feet and was seriously injured. The employee had a personal fall arrest system on but the lanyard was not secured. The Division cited Employer for a serious violation of section 1670(f) because the lanyard not secured. The foreman had seen the employee working one minute before with the lanyard secured but under Employer's policy the employee only had to tie off when working, not "accessing" the work site. Section 1670(f) has no accessing exception. Employer’s policy permitted accessing without tying off so Employer either knew or could have known that the employee would "access" the site without tying off. The Board found that the serious classification was correct.

RGW CONSTRUCTION, INC. 99-093 DAR 3/8/02