EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Traylor/Frontier Kemper, JV - Decision After Reconsideration

Employer did not secure a two-tiered load to the forklift transporting it. The load destabilized and struck the foreperson while being set on the ground. A violation of section 1593(f) was sustained. The safety order requires all loads, not just unstable loads, to be secured during transport. The load units were shrink-wrapped and slick and one of the pallets was damaged. Leaning the load back against the mast didn't secure it. The load units weighed 2,800 lbs. It was substantially probable that if the load fell on an employee serious physical harm could result, so the violation is serious. The Division reduced the civil penalty at the hearing to indicate it did not cause a serious injury, but the ALJ assessed the original civil penalty. The Board reduces the civil penalty to the amount proposed in the amendment.

TRAYLOR/FRONTIER KEMPER, JV 98-2345
June 12, 2002