Occupational Safety and Health
Appeals Board

Summary of Tri-Valley Growers - DAR

The ALJ decision granted employer’s appeal to a citation alleging a general violation of section 3314(b) [[lock-out/tag-out of equipment] on the ground that employer established all five elements of the independent employee action defense. On reconsideration the division contended that employer failed to sustain that it effectively enforced its safety program (element 3) or that the employee knew that employer’s safety program required that he put his own lock on the equipment he was repairing (element 5). The board determined that the evidence supported the finding that employer’s safety program was being effectively enforced and that the injured employee knew he was to put his own lock on the equipment. The decision of the ALJ was affirmed.

Tri-Valley Growers 95-R2D2-4598
September 8, 1999