EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of McDonnell Douglas Aerospace - DAR


An employee tore off part of a fingertip pulling it out from between sealing bars on a heat-sealing machine. Employer was cited for a serious violation of section 4184(b) on the theory that the heat sealer presented a hazard similar to a punch press. A punch press presents a crushing hazard but the Division failed to prove that the slow, 50 psi pressure between the heat sealer bars could crush fingers. Since no similar hazard was proven, no section 4184(b) violation was established. Recording difficulties were insufficient to warrant a new hearing. The ALJ’s misstatement of the law did not invalidate the holding.

McDONNELL DOUGLAS AEROSPACE 94-R3D5-2331
October 14, 1999