EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Los Angeles County, Department of Public Works - DAR

An employee on a light pole replacement crew was killed by the contact of the pole with overhead high voltage lines. The employee had been a "student worker" for several years and was first assigned to work on the pole replacement crew periodically about one year before accident. The Division cited Employer under section 3203(a)(7)(C) for a lack of training of the employee regarding his "new' job assignment to the light pole replacement crew. The Division's enforcement of a training violation was not precluded by also citing section 2946(a) for not guarding against accidental contact with high voltage lines. Training is complementary and doesn't conflict. The evidence was sufficient to prove that the employee wasn't trained about electrical hazards related to that work before he was originally assigned or anytime thereafter. The citation was not barred by the Statute of Limitation because the violation continued to "occur" as long as the employee continued to do pole replacement work without training. Only one employee on the crew was not trained, but the violation continued to occur for a year and concerned a primary pole replacement hazard, which was enough to prove a training program violation.

LOS ANGELES COUNTY, DEPARTMENT OF PUBLIC WORKS - DAR 96-2470 4/5/02