OCCUPATIONAL SAFETY AND HEALTH
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