Executive Summary

Occupational Safety and Health Appeals Board

Summary of Irby Construction – Decision After Reconsideration

The Board affirmed the ALJ's Decision that Employer had failed to comply with section 2943(g)(1)(A) requiring isolation of electrical equipment from all sources of voltage before work is done on it. The Board rejected Employer's argument that merely training employees in work procedures was sufficient. Because of the nature of the hazard the citation was properly classified as serious. Also, it held Employer had failed to prove the Independent Employee Action Defense. Finally, The Board found that the ALJ issued her decision within 30 days of the extended submission date and did not act in excess of her authority.

Irby Construction, 03-2728 (MS Word)
Irby Construction, 03-2728 (Adobe Acrobat)

June 8, 2007