Summary of River Ranch Fresh Foods – Decision After Reconsideration

Employer’s toilet facility consisting of three toilet units resting on top of a platform trailer was not hooked to any vehicle. The Division observed the trailer tip to the ground after an employee attempted to use the facility. The adjustable support stands were not supporting the trailer. Thereafter, the Division photographed Employer’s supervisor abating the dangerous condition. In response, the Division issued a citation to Employer alleging a general violation of section 3457(c)(3)(B) [unusable toilet facility]. Employer contends the toilets in the exhibits did not belong to him because (1) they were not hooked up to a truck and (2) the toilets in the photographs did not correspond to the exclusive use of “Shorty’s Portable Toilets”. Employer also challenged the admission of photographs offered by the Division. The Board found that the ALJ did not improperly admit the Division’s photographs since Employer used the photographs for its own purposes during its defense at the hearing. Furthermore the evidence established a section 3457(c)(3)(B) violation since Employer failed to produce stronger evidence of non-ownership of the toilets. Moreover, the evidence established that it was reasonably predictable that the non-operating toilets were accessible to Employer’s employees. The Board affirmed the ALJ‘s decision.

River Ranch Fresh Foods Salinas, Inc., 01-1977 (MS Word)
River Ranch Fresh Foods Salinas, Inc., 01-1977 (Adobe Acrobat)

July 21, 2003