OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Sequel Contractors, Inc. - Decision After Reconsideration

An employee was injured when an air hose broke loose from a pneumatic hammer. The Division cited Employer under section 3328(b) for not inspecting the hoses and connections pursuant to the manufacturer's recommendations. The Board holds that the manufacturer's recommendations did not require disassembly of the hose to check the O-rings or a microscopic examination for thread wear, and Employer did enough inspection to comply with the safety order. Employer's appeal was granted. Employer was also cited for allowing an employee to use the defective pneumatic hammer. The Division failed to prove by non-hearsay reliable evidence that the hammer the compliance officer examiined in the laboratory and found to be defective was the one being used by the injured employee at the time of the accident. Employer's appeal was granted.

SEQUEL CONTRACTORS, INC. 99-1055
August 29, 2001