EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of MCM CONSTRUCTION, INC. - DAR


A carpenter, in the presence of a foreman, was attempting to guide an 8,000 pound k-rail section suspended from a crane into position. The carpenter was not wearing safety-toe footwear. The crane operator lowered the k-rail onto the carpenter’s foot causing serious injury. A serious violation of section 5042(a)(9) [keeping employees clear of a crane load in a sling] was found. The carpenter was not kept clear of the k-rail. He was in plain view of the foreman and it is substantially probable that dropping or lowering an 8,000 pound load on a foot could cause serious physical harm. Employer’s failure to provide safety toe boots violated section 1517(a), even though boots meeting the section 1517(c) ANSI protection of 75 foot-pounds would not necessarily protect against all crushing hazards associated with the load. Since Employer provided no safety-toe footwear, in violation of section 1517(a), the performance standard, the independent violation of the specification standard, section 1517(c), the Division alleged cannot stand. The carpenter’s ordinary work did not expose him to the hazard of foot crushing injuries. Hence, the Division failed to prove that his non-safety-toe boots created the possibility of foot injuries in their ordinary use and no violation of section 1517(b) was established.

MCM CONSTRUCTION, INC. 95-R3D5-246
March 30, 2000