EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Tri-Valley Growers - DAR


The clean-up employee scratched a mold spot on an energized machine near the worm gear with a gloved finger and lost part of his hand. Employer's independent employee action defense was rejected because adequate safety enforcement was not proven. The injured employee testified that it was common practice to clean machines without de-energizing and Employer did not directly refute that testimony. Employer discussed the lock-out procedure at a safety meeting the week before, had a substantial "hierarchy of safety management," and had empowered the clean-up supervisor to discipline employees for safety infractions, but this did not overcome the injured employee's testimony.

TRI-VALLEY GROWERS  94-R2D2-3355
September 15, 1999