EXECUTIVE SUMMARY

OCCUPATINAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Terry Roof Truss - DAR


The space between the top of material being cut and the bottom edge of the guard on a radial arm saw blade was high enough for an employee's hand to reach in and make contact with the unguarded portion of the blade. The Division cited Employer under section 4186(b) for not guarding the saw's point of operation to prevent an operator's hand from entering the space. Employer contended that section 4309(a), specifically applicable to radial arm saws, took precedence under section 3203(a). It provides that the upper half of the blade must be completely covered. The Board found that there was a "vertical" guard on the blade covering the upper half of the blade that complied with section 4309(a). However, the saw's point of operation is below the midpoint of the blade, and, since section 4186(b) requires point of operation guarding and section 4309, which is silent on the subject, does not conflict, the Board upholds a serious violation of section 4186(b).

TERRY ROOF TRUSS 96-R4D3-288

October 4, 2000