Summary of California Prune Packing Co, - decision after reconsideration

Employer was cited for serious violations of sections 3328(b) [machinery inspections according to manufacturer's recommendations], 3328(c) [use of defective machinery], and 4530(b) [fired oven safety pilot mechanism] after an accident investigation where two employees, attempting to relight the pilot light on a prune dryer, were seriously injured when a flareback occurred. The Board found that violations of sections 3328(b) and 3328(c) were not established. The evidence was found to be insufficient to prove by a preponderance of the evidence that the asserted manufacturer was the manufacturer of the machinery, and thus there was not proof that Employer had not followed the manufacturer's recommendations. The Board further found that the Division had not proven a violation of section 3328(c), as the demonstration performed by the investigator was insufficient in itself to establish that the valve was defective. The Board affirmed the ALJ's finding of a violation of section 4530(b). While section headings and titles may be considered if the regulatory language is vague or ambiguous, they may not be used for the purpose of controlling, restraining, or enlarging the positive provisions in the body of the regulation.

California Prune Packing Co., 01-1630 version

February 25, 2005