EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of J.R. Wood, Inc. - DAR


An employee cleaning an auger thought the trough drain was closed with a plug that screwed into the short drain spout instead of a cap that screwed over the spout. Part of his finger was amputated when he put it into the spout, feeling to see if the plug was in place, while the auger was energized. The Division cited Employer under section 3314(a). No violation because there was no reason to reach into the auger to check if the drain was closed since the presence or absence of the cap was readily visible. Hence, the auger did not have to be de-energized for that cleaning related task. Employee exposure was not foreseeable by a "reasonably prudent employer." (Louisiana-Pacific 85-449) The Board notes that the failure to train violation was upheld and that the result could have been different if plugs rather than caps were used on the drains.

J.R. WOOD, INC. 95-R2D2-4431
October 14, 1999