Executive Summary

Occupational Safety and Health Appeals Board

Summary of West Valley Construction – Decision After Reconsideration

Employer was cited for operating a crane in proximity to a high voltage power line.  The Administrative Law Judge upheld the two citations, but imposed only one penalty for the serious violation because the hazard was subject to the same abatement.  Employer sought reconsideration on the basis that the crane operator's allegedly intentional acts should not be attributed to Employer.  The Board held the employee did not act intentionally, and further refused to create an affirmative defense as argued for by Employer.

WEST VALLEY CONST., 01-3017 (MS Word)
WEST VALLEY CONST., 01-3017 (Adobe Acrobat)

May 16, 2008