EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Davey Tree Surgery Company - Decision After Reconsideration

Employer had a "normally unattended work location" [yard] where it kept vehicles and tree trimming equipment a few months of the year. Employer provided no sanitation facilities at the yard. There was a public rest stop nearby that had toilet facilities but no washing facilities. Normally unattended sites are excepted by section 3360 from the section 3364(a) requirement that toilet facilities be provided only if employees have effective access to "nearby toilet and washing facilities." Since the employees did not have that access to washing facilities and Employer provided no toilets at the yard, the section 3364(a) general violation was upheld. A general violation of section 3400(f) also was upheld because the bridge was closed, phone communication was unreliable and the sufficiency of the work truck as a means of transporting a seriously injured employee was questionable.

DAVEY TREE SURGERY COMPANY, 00-032
June 14, 2002