EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of AG LABOR, INC. - DAR


During preparation for clean up of a seed auger, the auger was running and the trough uncovered. An employee walking by the auger to get a hose to spray the auger tripped, tried to grab the edge of the trough, and was injured when his hand entered the trough. A violation of section 3314(a) was upheld. The evidence supports an inference of authority for the vice president to speak on Employer's behalf, therefore statements of Employer's vice president were adoptive, authorized admissions. Bringing the hose to the trough was part of the cleaning operation. Employer reasonably could have anticipated the hazard of leaving the trough uncovered and the auger running during phases of the cleaning operation when the auger did not have to be energized. The auger had to be running only while the hose was being sprayed into the trough to push left over seeds out the discharge end; not while obtaining the hose.

AG LABOR, INC. 96-R2D3-168
May 24, 2000