EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Janco Corporation - DAR

Employees wore regular safety glasses or regular eye glasses while dipping objects in tanks of solutions containing hazardous substances. In 30 years there had been no chemical splash eye injuries. Employees acknowledged a potential splash hazard. Employer conceded that spashes were a "realistic possibility." The ALJ's finding that a hazard requiring eye protection pursuant to section 3382(d) was upheld, actual splash does not have to be proven. Section 3382(d) incorporates ANSI Standard Z87.1-1989 which states that "spectacles" are "not recommended" protection against chemical splashes. The Board finds that employees were wearing spectacles and that spectacles were not "protection suitable for the exposure", pursuant to section 3382(a). The Board discusses the relationship between state and federal OSHA programs and finds that it is not bound to follow the Fed/OSHA decision that an employee's testimony about their own work is entitled to great weight. The Division compliance officer's testimony proved that serious physical harm or death was substantially probable. Employer's knowledge of the fact that employees were wearing spectacles, and not suitable protection, established the knowledge element of the serious classification. The civil penalty included a reduction for "low" Likelihood. No additional penalty relief was warranted for an injury-free history.

Janco Corporation 99-565
September 27, 2001