ALJ decision in Tutor Perini Building Corp. Becomes a Final Order of the Commission.
Respondent was hired to oversee the remodel and expansion of the Barona Casino and Resort. (Tr. 216-17). On March 16, 2018, toward the end of the project, a foreman for American Sheet Metal (ASM) fell from the roof of the newly-built expansion and died as a result of his injuries. (Tr. 59). Complainant was notified of the accident by the San Diego District Attorney’s Office and sent Compliance Safety and Health Officer (“CSHO”) Eric Christensen to conduct an accident investigation. (Tr. 59). During his inspection, CSHO Christensen noticed missing guardrails on two ends of a scaffold platform where workers could access the roof. (Tr. 60). Though unrelated to the cause of the ASM foreman’s fall, CSHO Christensen determined the missing guardrails were a violation of 29 C.F.R. § 1926.451(g)(4)(i). After conducting interviews with employees of the subcontractor responsible for the scaffold, CSHO Christensen concluded the guardrails were missing for approximately 10 days prior to his inspection. (Tr. 110-111). Thus, he determined Respondent, as general contractor, should have identified the condition and corrected the missing guardrails.