Summary of Cranston Steel Structures – Decision After Reconsideration

Employee, a manual laborer, was sent to Employer by Labor Ready, and was assigned to bring insulation and roofing materials to the ironworkers on the roof but was not given any special training to use fall protection or how to handle himself on the roof. Employee was given verbal instructions and warnings to stay away from the leading edge but fell through insulation and plastic underlayment on the roof, and died from the fall. Employer did not establish that Labor Ready trained the employee. The Board rejected the position that the verbal admonitions satisfy the training requirements of an Injury and Illness Prevention Program. The Board affirmed a citation for violation of section 1509(a) [Injury and Illness Prevention Program] since training as to the particular hazards at places of employment is a critical element of an effective Injury and Illness Prevention Program that Employer failed to implement. The Board also affirmed the ALJ’s findings that the Division established a serious and accident-related violation of section 1670(a) [fall protection] because the violation was based upon a failure to require fall protection equipment of its ironworkers working on the roof at a height in excess of 33 feet in addition to the employee who fatally fell through the roof. The Board rejected Employer’s due process argument that only required Employer to defend against those specific facts alleged by the Division at the time of the citation. Evidence that other employees (ironworkers) were exposed to a fall hazard without fall protection equipment was admitted without objection and Employer failed to demonstrate prejudice when the face of the citation made it sufficiently clear that the Division would pursue the charges.

Cranston Steel Structures, 98-3268
March 26, 2002