EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of The Home Depot U.S.A., Inc. - DAR

An employee had to step up onto a raised platform and reach 34" across a feed conveyor track to reach a radial arm saw power control. There was a violation of section 2340.16 because no "suitable access" was provided. The ALJ's questioning of a witness was appropriate; so is the ALJ's finding of a violation on a theory that is different than the Division's.

THE HOME DEPOT U.S.A., INC. 99-690 DAR 3/21/02