EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Naco Industries - DAR


Employer, a manufacturer of plastic pipe fittings, was issued citations alleging serious violations of section 4000(d) [design and location of controls] and 4185(b) [point of operation guarding]. On reconsideration the Board determined that the pipe fitting machine is a "Group 8 (‘Process Machine’)" subject to the requirements of section 4000 and that the machine’s power controls were not designed and located to prevent their operation from accidental contact with an object or body part. The decision of the ALJ as to the violation of section 4000(d) was affirmed. However, the Board also determined that the ALJ erred by not notifying the parties of the intended amendment of the citation from alleging a violation of section 4184(b) [point of operation guarding requirements for machines not covered by Group 8] to section 4184(a) [point of operation guarding requirements for machines covered by Group 8]. The ALJ amended the citation after the case had been submitted for decision, and failed to give the parties an opportunity to show that the amendment would be prejudicial before taking that action. Therefore, Employer’s appeal from the section 4184(a) violation is granted.

NACO INDUSTRIES 95-R2D2-3175
August 10, 1999