EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary  of Associated Ready Mix - DAR


The Board ordered reconsideration on its own motion regarding the serious classification of a section 4002(a) violation and the amount of the civil penalty. The Board found sufficient evidence of a serious injury by inference from the Division compliance officer's testimony that the employee's arm was "mangled" and witness testimony that the employee had several surgeries and residual disability. The Division improperly allowed good faith and history penalty reductions that cut the $5,000 civil penalty for a serious injury related violation to $2,250. The ALJ withdrew the improper deductions and allowed the proper size deduction, raising the penalty to $3,500. Then the ALJ reduced the penalty by 50% to $1,750 because Employer had an "excellent safety program" and the accident was an "isolated incident." The Board found that Employer knew that employees frequently used rags to wipe down energized cement mixer drums, invalidating the ALJ's basis for the penalty reduction. Exercising its Labor Code section 6602 power to determine appropriate penalties, the Board reinstated the $2,250 penalty proposed by the Division.

ASSOCIATED READY MIX   - 95-R5D2-3794
December 6, 2000