EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Pacific Coast Roofing Corp. - DAR


The Board reduced the violation (section 3657(a)(3) – elevating employee on forklift) to general because the senior employee on the job, even though he had the title "foreman," was not proven to be responsible for enforcing safety rules under the Board’s City of Sacramento Department of Public Works DAR listed only as an attendee, not a trainer, at safety meetings, never issued discipline to employees on safety grounds. Employer therefore lacked knowledge of violative condition. Employer failed to prove the independent employee action defense because the foreman was not shown to be aware of the safety rule that had been violated.

PACIFIC COAST ROOFING CORP.  95-R3D1-2996
October 14, 1999