EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Architectural Glass & Aluminum Co., Inc. - DAR


The Division cited Employer alleging a serious violation of section 1670(a) [fall protection], Employer stipulated to the violation but raised independent employee action as an affirmative defense. The ALJ found that Employer established all five elements of the defense and granted the appeal. Employer’s foreman observed an employee unsecured in an aerial basket, ordered the employee to secure himself to the basket of the aerial device, and when the employee acknowledged the order, the foreman left the scene. The employee failed to tie himself off. On reconsideration the Division alleged that Employer had not established the third and fourth elements of the defense, effective enforcement of its safety program and a policy of sanctions against employees who violated the safety policy. The Board agreed with the finding of the ALJ that the foreman’s failure to watch until the employee tied off did not establish that employer did not effectively enforce its safety program, and the written warning issued to the employee established a policy of sanctions. The Decision of the ALJ granting Employer’s appeal is affirmed.

ARCHITECTURAL GLASS & ALUMINUM CO., INC. 94-R1D1-3339

September 15, 1999