Executive Summary

Occupational Safety and Health Appeals Board

Summary of Nibbelink Masonry – Decision After Reconsideration

Employer received citations for alleged violations of Title 8, California Code of Regulations sections 1509(a) [new employee training]; 1722(b) [bracing of masonry walls]; and 1637(c) [securing scaffolding].  The ALJ denied the appeals, and the Board affirmed the ALJ’s decision.  It was held the Division met its burden of proof, and that Employer did not prove that the employee was trained, the wall designed and built so as to not require additional bracing, or the scaffolding properly secured by being attached to the masonry wall itself.

NIBBELINK MASONRY, 02-1399 (Adobe Acrobat)

December 20, 2007