EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Rialto Concrete Products, Inc. - DAR

Employer was cited for a serious violation of section 4187(a) because the in-running rolls of a machine that rolls wire mesh sheeting into cylinders used to reinforce concrete columns, were not guarded. The machine, its power controls and the employee who operates them were in one room. The wire mesh sheeting stock was fed through a wall opening into the in-running rolls by another employee in an adjoining room. The employee in the adjoining room stood on the wire mesh sheeting stock while the machine was running (78feetpm) and his feet and ankles were dragged into the in-running rolls. The Board defines "operator" to include "any employee who is effecting a process in the operation of a machine (or part of a machine) at a point of operation." Feeding the stock into the in-running rolls fits the definition. Thus, the injured employee was an operator. Since the rolls were not guarded pursuant to the safety order well enough to prevent a foot from entering the rolls, a hand could enter. A violation of section 4187(a) was established. Guarding on the out-running side of the rolls doesn't satisfy section 4187(a). Employer didn't prove it couldn't comply with subsection (a) so it couldn't rely on (b) or (c), which it didn't comply with on in-running rolls anyway.

RIALTO CONCRETE PRODUCTS, INC. 96-1217 DAR 4/30/02