EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Quest Environmental – Denial of Petition for Reconsideration

The ALJ found that Employer did not exercise reasonable diligence in determining whether hydraulic lines had been drained before commencing demolition work and sustained a serious, accident-related violation. Employer’s petition for reconsideration alleged that the ALJ’s decision was unjust. Employer claimed that evidence which was presented at an informal meeting with OSHA in addition to a letter submitted to the Appeals Board prior to the hearing should have been allowed. The Board agreed with the ALJ that the documentary evidence which was submitted by Employer at the hearing and attached to its petition for reconsideration did not meet basic foundational requirements. Even if the document were allowed into evidence, the Board held that the evidence submitted fell short of establishing the Independent Employee Act Defense.

Quest Environmental, 01-2955 (MS Word)
Quest Environmental, 01-2955 (Adobe Acrobat)

July 1, 2003