EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Metalclad Insulation Corp. - DAR

Rules and administrative controls designed to protect employees against reaching through an unguarded opening to in-running rollers cannot be substituted for the positive guarding required by section 4187(a). [Bethlehem Steel 78-723, (8/17/84)] An untrained employee violated the rule that untrained employees could not operate the roll machine. Employee misconduct in violating a rule designed to substitute for an unprovided guard is not a defense to failure to guard, whether called misconduct or malfeasance.

METALCLAD INSULATION CORP. 96-R3D5-130
October 4, 2000