19,066R Mountain Water Ice

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated February 18, 1997, Docket No. 93-R3D5-2780. James P. Gazdecki, Chairman; Bill Duplissea and Bryan E. Carver, Members.

The Appeals Board affirmed the ALJ decision of November 1, 1994 [Digest 18,646], which established a serious violation of 3999(a) and assessed a $5,000 penalty

Guarding, Screw Conveyors (3999(a)--Defense, Employee Independent Action, Not Available to Supervisors. Employer's leadman had a foot amputated in a screw conveyor; he had been standing on the lid of an opening when it came off due to a buildup of ice inside. The cover had come off several times prior to the accident. The

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