EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of JA CON Construction Systems - decision after reconsideration

A serious violation of section 1704(b) [pneumatically driven nailers] was alleged when an employee left a pneumatic nailer unattended while it was connected to a charged compressor. Momentary separation between the attendant and the nailer does not constitute a violation in all circumstances. No employees were exposed and the Division did not present sufficient evidence to support a “substantial probability” of death or serious injury if a nail were projected into a human body. Employer’s appeal was granted and the civil penalty was set aside.

Ja Con Construction Systems, 03-441 version

March 27, 2006