EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Architectural Glass & Aluminum – Decision after reconsideration

The Division of Occupational Safety and Health petitioned for reconsideration from an ALJ decision after the ALJ found that the division did not prove a serious violation when a worker fell about 20 feet from an unguarded opening on a platform deck. The board agreed with the ALJ and found that the division failed to prove that the violation was serious because the division did not offer any evidence to address the substantial probability element of a serious violation. The employer also filed a petition for reconsideration. The board rejected the employer’s contention in its petition that an Independent employee action defense was properly disallowed. An independent employee action defense is unavailable where the cited safety order requires positive guarding, as was the situation in this case.

Architectural Glass & Aluminum, 01-5031 (Word)
Architectural Glass & Aluminum, 01-5031 (Adobe Acrobat)

March 22, 2004