EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Obayashi Corporation - DAR


A front-end loader was being used as a forklift to move shoring towers. A tower fell off the loader and seriously injured an employee. The Division cited Employer under section 1593(f) that states: "Unstable loads. Loads on vehicles shall be secured against displacement." The Board rejected Employer's argument that the safety order applied only to loads known or shown to be unstable and held that the safety order required the securing of all loads on vehicles against possible instability. The Division called no percipient witnesses to explain how the accident happened. The Division inspector identified a report concerning the accident and said he had gotten it from Employer but could not remember who gave it to him. The report describes a section 1593(f) violation but cannot support a finding of violation because the Board had "no reliable way of knowing who wrote the report, how it was prepared or the basis of the preparer's knowledge or opinion." Employer’s appeal was granted.


OBAYASHI CORPORATION 98-3674
June 5, 2001