EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of ONTARIO RESIDENTIAL MANOR - DAR


The Division cited Employer for violations of section 2500.58(a) [flexible cord grounding poles] and 2500.9(a) [spliced flexible cords]. Two spliced cords, one with a missing plug grounding pole, and one with a missing grounding pole, were in use at the site. The ALJ, citing Strong Tie Structures OSHAB 75-856 Sept. 16, 1976, set aside the penalty for the section 2500.58(a) violation on the theory that both were related to the same hazard of accidental contact with electrical current and both could be abated by the single abatement action of replacing the cords and integrated plugs. The Board overruled the ALJ's finding. Installing new cords would abate the splicing violation but not necessarily the grounding pole violation since cords without grounding pole plugs may be purchased. Also, the violations were on cords connected to different pieces of equipment in different rooms at the site. And, the Board has rarely applied Strong Tie Structures to eliminate penalties for violations pertaining to the same "generic hazard...where the hazards involved different pieces of equipment in different locations."

ONTARIO RESIDENTIAL MANOR 96-R6D2-1260
June 30, 2000