EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of TUTOR-SALIBA-PERINI - DAR


Between 6 and 10 a.m. the railings on one side of a floor opening were removed so an employee could insert a ladder and enter the excavation below to investigate drainage problems. When the Division inspector arrived at noon the railings were still down and an employee was working nearby. Employer's logical time defense to a section 1632(c) [guardrails for ladder way floor openings] violation was rejected. The railings had to be down only for brief intervals when an employee was entering and exiting the railed area. He apparently finished the drainage investigation and left the area before the inspection. It was easy and safe to reinstall the railings. There was no proof that the logical time had not arrived. The Division failed to prove employee exposure to a flexible electrical cord that was not equipped with effective strain relief [2500.10(a)], an inadequately guarded belt and pulley drive [4070(a)] and an excavation wall that was not sloped or otherwise guarded against cave-in [1541.1(a)(1)]. The alleged violations were dismissed by the Board.

TUTOR-SALIBA-PERINI 95-R6D2-1493
June 30, 2000