EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Nest Corporation - DAR


A foreman's inability to produce a copy of the IIPP at the jobsite does not prove Employer did not have an IIPP. No section 3203(a) violation was proven. The Division proved there was no fire extinguisher at the building. At least one was required by section 1922(a)(1) so a violation was established. A section 1670(a) violation for inadequate scaffold planking was upheld. The CO's testimony that the foreman told him that employees had worked from the platform [authorized admission] and the VP's testimony that the framing was not done was sufficient to prove employee exposure. No IEAD because the employee on the roof without fall protection was there at the foreman’s direction.

NEST CORPORATION 95-R4D4-110
August 20, 1999