EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Dayton Hudson Corporation, dba Target Stores - Decision After Reconsideration

The ALJ's issuance of the decision more than 30 days after the hearing did not divest the Board of jurisdiction of the appeal. The Decision was issued within 30 days of the resubmittal date. Employer did not retain records for one year showing that a newly assigned employee was trained regarding hazards at the food court. A section 3203(b)(2) violation was sustained. The Board did not disturb the ALJ’s witness credibility determination that the employee was not trained or required to wear eye protection. A section 3382(a) violation was upheld. Employer had no separately plumbed eyewash in the food court. The Division cited Employer for a serious violation of section 5162(a). Employer contends that the violation shouldn't be serious because it provided eye protection, etc.. The employee used a product that could cause serious physical harm. The Board upheld the ALJ’s finding that the employee was not trained or required to use eye protection. A serious violation was established.

Dayton Hudson Corporation, dba Target Stores, 99-912
December 10, 2001