EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of R. Wright & Associates, Inc. - DAR


Because one of Employer’s supervisors was present during the inspection, and the inspection was consented to by the general contractor, who controlled the construction site, the Board held that Employer had not proven that its rights to consent to the inspection and to have a representative present during the inspection had been violated. The Board found that the Division had presented insufficient evidence to establish violations of sections 3220(b) (emergency action plan), 1532.1(f)(4)(A) [respirators for airborne lead], and 2340.1 [defects in electrical equipment[. The Board found sufficient evidence had been presented to establish violations of sections1532.2(a) [lead exposure program], 1532.2(i)(2) [clothing storage in change area], 1532.1(i)((3) [requiring employees to shower], 2510.58(a) [missing ground poles], 1675(a] [use of unsafe ladder], 1512(g) and (h) [emergency devices for elevated work], and 1532.1(e)(3) [evaluating performance of air evacuation system].

R. WRIGHT & ASSOCIATES, INC. 95-R3D3-3649 through 3656
November 29, 1999