EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Stockton Tri Industries - decision after reconsideration

A serious violation of section 3314(d) [repairing equipment without effectively blocking or securing it against inadvertent movement] was alleged when Employer’s employee sustained a serious injury to his arm and fingers when a rock conveyor moved unexpectedly. Employer stipulated to the violation; the existence and classification were established by operation of law and the only issue was the propriety of the penalty. Employer claimed financial hardship if it were required to pay the $12,600 penalty. Employer demonstrated financial distress. The case was remanded for determination of an appropriate penalty. Stockton Tri Industries, 02-4946 March 27, 2006

Stockton Tri Industries, 02-4946 version

March 27, 2006