Summary of W.F. Scott & Co., Inc. - DAR

Employer did not provide employees with eyewash (5162(a)) and shower (5162(b)) facilities that met ANSI standards. The ALJ sustained both violations but set the civil penalty for the shower violation aside as duplicative. The Board upholds the ALJ. Both section (a) and (b) provide emergency-drenching relief for employees splashed with hazardous chemicals, Employer had a 39-year history of no reportable injuries or illnesses, and a sincere interest in employee safety. (Anresco, Inc. 90-855 is compared & Strong Tie Structures 75-856 is discussed.) The ALJ’s reduction of the classification of the section 5194(e)(1) HazCom violation from serious to general was also upheld. There were a variety of chemicals at the site. A wide range of injuries and illnesses were possible depending on the type, quantity, etc., of chemicals involved in an accident. The division focused the "substantial probability of SPH" proof on the accidental mixing of cyanide with an acid to form a dangerous hydrogen cyanide gas (Tenneco West 79-535), but failed to show that work exposed employees to that possibility, or that employees were not instructed to avoid mixing the chemicals (employee hearsay statement).

W.F. SCOTT & CO., INC. 95-R6D2-2623
October 29, 1999