EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Gaylord Container Corporation - DAR

An employee got his foot caught in a paper winding machine nip point while clearing debris after the paper broke. The nip point was guarded during normal operation, but the guard was off and the machine was running at reduced speed when the accident occurred. The Division cited Employer under section 4423(g) for failing to guard the nip point. The Board rejected Employer's argument that the citation should be dismissed because the Division should have cited them for a section 3314(a) violation instead. The Board held that the violation was serious because employees continued to go up on the deck where they were exposed to the nip point and Employer could have known of that. The Independent Employee Action Defense is not available in a failure to guard case. The ALJ shouldn't have lowered the $5,000 civil penalty for good faith reasons because it was prohibited by Labor Code section 6319(d).

GAYLORD CONTAINER CORPORATION 99-095 DAR 3/12/02