EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD
Summary of MV Transportation, Inc. - decision after reconsideration
Employer was cited for a serious violation of section 3562(e) [jack stand
not properly blocked] following an accident inspection at Employer's worksite
where an employee was seriously injured when a bus that was not supported by
jack stands fell off the column lifts onto an employee under the bus. The board
adopted and incorporated, in full, the ALJ's decision. The employer asserted
the independent employee act defense. The employer failed to establish that
it did not know of the violative The board also found that the independent employee
act defense was not available since it was the employer's supervisor who failed
to properly support the bus with jack stands. The violation was affirmed and
the penalty of $18,000 upheld.
MV Transportation, Inc. 02-2930
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December 10, 2004