EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Starcrest Products of California, Inc. - decision after reconsideration

Employer was cited for a general violation of section 3272(b) [aisle width] following an inspection at the employer's warehouse where rows of stacked boxes were spaced approximately 16 inches apart. The board affirmed the violation finding that there was evidence showing that the spaces were required aisles or walkways within the meaning of the safety order. Under the safety order, clear passageways must be provided in buildings from areas where an employee performs his or her work to an area of the building where employees can safely exit. How often such spaces are used is not determinative. The safety order sets forth a minimum standard for persons to pass through unimpeded if it is used. The board found that the spaces in question were used by employees as aisles or passageways. The board also rejected the employer's challenge that the abatement requirement is unreasonable stating that the Division only required what was minimally required and did not mandate any specific means of abatement.

Starcrest Products of California, Inc., 02-1385 version

November 17, 2004