EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Santa Fe Mechanical Company, Inc. - DAR


The Division established a violation of section 6777(a) [failure to issue hot work permit]. The issues before the Board on reconsideration were (1) was the failure to obtain a "hot work" permit a regulatory violation; and (2) was the violation initially correctly classified as serious. The Board determined that the failure to obtain the permit was not a regulatory violation because it did have a relationship to employee safety, and was not a mere registration as is required by other kinds of permits. The issuance of a "hot work" permit requires a systematic jobsite safety inspection which would have prevented the explosion which occurred in this case. The citation was properly classified as serious because the Division established that there was substantial probability that death or serious physical harm would result if an accident occurred, and Employer had knowledge of the violation since it knew of the requirement to obtain a "hot work" permit and began drilling and welding work before conducting the safety inspections required to obtain the permit.

SANTA FE MECHANICAL COMPANY, INC. 94-R3D5-2087

June 9, 1999