EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of ANDERSEN TILE COMPANY  - DAR


Employer's two-page set of safety rules did not address the scaffold/ladder hazard to which an employee was exposed and, thus, was not a well-devised safety program. Employer was not able to prove the Independent Employee Action Defense. The employee exceeded the scope of his job assignment by doing tile work at the edge of a landing and he chose a ladder to stand on instead of the safer rolling scaffold. Employer, by exercising reasonable diligence, might have known that the employee would do one of the two wrong things but not both. No employer knowledge was proven. The Serious classification was reduced to General.

ANDERSEN TILE COMPANY - 94-R4D3-3076
February 16, 2000