EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Triad Geotechnical Consultants, Inc. - DAR


The Board followed its consistent interpretation of section 1512(b) first announced in decisions after reconsideration more than 20 years ago that on a construction site, even when a single employee is performing technical or professional service, there must be a first aid-qualified employee. The first-aid qualified employee may be that single employee, a second employee is not required. The Division did establish a serious violation of section 1541(j)(1) because the employee was in an unprotected excavation nine feet deep, the top two feet of which were loose sedimentary soil. The Board found that the Division failed to prove that the failure to provide a safe means of egress from the trench in violation of section 1541(c)(2) was properly classified as serious, because it did not in itself add to the risk of serious injury already caused by the violation of section 1541(j)(1) described above.

TRIAD GEOTECHNICAL CONSULTANTS, INC. 94-R4D4-2231
November 10, 1999