EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of COLOR SPECIALTS, INC. – DAR


The ALJ set aside penalties for section 3384(a) [hand protection] and section 5162(b)[emergency shower] violations because the violations pertained to the same hazard of being splashed with a corrosive chemical solution used to develop photos as the 3383(a) [body protection] violation Employer also committed. The Board agreed that the 3 violations pertained to the same splashing hazard. However, under S.F. Newspaper Agency OSHAB 93-319 Dec. 20, 1996, upon which the ALJ relied, the two penalties could only be set aside if all three could be abated by the same action. In S.F. the Employer did that by ceasing to use the hazardous product. In this case the Employer continues to use the developer and no other single form of abatement action can meet the body, hand and shower protection requirements of the cited safety orders. Thus, the S.F. rationale did not apply and was not authority for setting aside the two penalties.

COLOR SPECIALISTS, INC. - 95-R3D1-3883
June 30, 2000