EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Ray Products, Inc. - DAR

A petition for reconsideration is deemed filed when it is mailed to the Board pursuant to section 391.1. Employer’s failure to serve the Division within the 30 day filing period did not invalidate the petition. Employer cannot present new evidence that was available before the hearing. Employer’s machine had hazardous pinch points and employees programming the machine worked close enough to it to contact the pinch points. A violation of section 4002(a) was established. The evidence established the existence of pinch points but the compliance officer’s general statements were conclusory and not specific to the pinch points on the machine. The Division failed to prove the substantial probability of serious physical harm or death. The classification of the violation was reduced from serious to general.

Ray Products, Inc., 99-3169
August 20, 2002