EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Orange County Scaffold, Inc. - DAR

A foreman who was a "qualified person" in such matters by virtue of his training and experience, was working next to a 3'x5' floor hole receiving scaffold parts being passed up to him from below. He set up a 5'x10' scaffold frame over the hole and anchored his personal fall protection system to a waist high member of the frame. The Division cited Employer under section 1670(b)(10) because the anchorage could not support 5,000 pounds and failed to meet the second of the alternate criteria that the system have a safety factor of two and be supervised by a qualified person, because the foreman was using the fall protection and not supervising it. The Board interprets "supervise" to mean "[one] who can readily view and access the anchorage." Since the foreman was a qualified person and remained in view and reach of the anchorage as he worked, the Board affirmed the ALJ's decision to grant Employer’s appeal.

ORANGE COUNTY SCAFFOLD, INC. 99-223 DAR 3/8/02