An employee signaling the operator of a loader carrying a bundle (usually 5) of 600 pound railroad rails was not wearing safety-toe footwear. A serious violation of section 1517(a) was upheld. The employee was 2-4 feet from the loader forks. Employer’s instructions to its signal persons to stay away from the rails in transport does not obviate the need to comply with section 1517(a). Section 1517(a) is not unenforceably vague. A Division expert testified that ANSI approved safety-toe footwear would withstand a minimum of 2,500 pounds of pressure without buckling and thus was "appropriate" for the hazard posed.

MORRISON KNUDSON CORPORATION 94-R5D2-2271
April 6, 2000