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 version

December 10, 2004