EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of WESTERN COMMTOWER, INC. - DAR


A diagram of a crane boom which accidentally came into contact with an overhead HV line was prepared at the direction of Employer's president and provided to the Division. It included notations that the HV line was energized to 161KV and that the crane jib line was 11' 2" from the HV line. The diagram notations are adoptive admissions of Employer. To adopt those as admissible hearsay, the president did not have to have personal knowledge of the facts stated in the notations, just knowledge of what the notations said. Employer exercised sufficient direction and control of the rented crane and crane operator to be held responsible for a violation caused by the crane operator unless the Independent Employee Action Defense was proven. It was not. Petitioning Employer was granted no relief.

WESTERN COMMTOWER, INC. 95-R3D2-2804
July 19, 2000