EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Pictsweet Frozen Foods - DAR

Employees were working on an exhaust duct on the roof 3' from an existing fiberglass skylight. They had no fall protection. One employee fell through a skylight 30 feet to the floor. The Division alleged a serious violation of section 3212(e)(2) [fall protection required if working within 6' of an existing, unguarded skylight]. The ALJ found that the existing skylight fiberglass cover was not capable of withstanding 200 pounds of pressure and that in any event it would not be within the exception to section 3212(e)(1) which applies only to screen guards installed over skylight covers. The Board agreed, the violation was upheld; the serious classification was upheld. The skylight had no screen or other guarding and was in plain view.

PICTSWEET FROZEN FOODS 97-1896
April 16, 2001