EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Daily Breeze - DAR

Employer reported a serious injury to the Division 12-13 hrs after the accident and was cited by the Division under section 342(a). The Board finds that the Division failed to prove a reasonably diligent Employer could have discovered that the injury was serious more than 8 hours before the report was made. No violation was found. Employer's admission established that the person named as responsible for the injury and illness prevention program was no longer there. And, the only provision for supervisor safety training was a statement that they are to attend training with subordinates. A single section 3203(a)(1) violation for both deficiencies was upheld. Access ladder rungs were too short. After receiving a citation, Employer obtained a variance based on the conditions. The variance did not eliminate the section 3277(d)(3) duty to have ladder rungs of safe length, it allowed Employer to provide equivalent safety by alternate means. The violation was upheld. Employer did not guard the access ladder end of an elevated platform. The employee fell and suffered a serious injury. Employer claimed that it was impractical to guard the access end but that was not a defense. A serious violation of section 3210(b) was upheld.

DAILY BREEZE 99-3429 DAR 4/12/02