SECRETARY OF LABOR,

	

 

Complainant,

	

 

v.

	

OSHRC DOCKET NO. 07-0663

BURCH CONSTRUCTION, INC.,

	

 

Respondent.

	

 


APPEARANCES:


            For the Complainant:

                            Susan Seletsky, Esq., U.S. Department of
Labor, Office of the Solicitor, Los Angeles, California


              For the Respondent:

                            Robert P. Stricker, Esq., Stricker & Ball,
San Diego, California


Before:            Administrative Law Judge: Benjamin R. Loye


DECISION AND ORDER


            This proceeding arises under the Occupational Safety and
Health Act of 1970 (29 U.S.C. Section 651-678; hereafter called the “Act”).

            At all times relevant to this action, Respondent, Burch
Construction, Inc. (Burch), was engaged in construction at the Marine
Corp Recruit Depot, San Diego, California. As an employer in a business
affecting commerce, Burch is subject to the requirements of the Act.

            On February 21, 2007the Occupational Safety and Health
Administration (OSHA) conducted an inspection of Burch’s San Diego work
site. At OSHA’s completion of its investigation, Burch was issued a
citation alleging violation of §1926.451(e)(1) of the Act. By filing a
timely notice of contest Burch brought this proceeding before the
Occupational Safety and Health Review Commission (Commission). A hearing
was held in San Diego, California on December 11, 2007. Briefs have been
submitted on the issues, and this matter is ready for disposition.

 


Alleged Violation of §1926.451(e)(1)


            Serious citation 1, item 1 alleges:


29 CFR 1926.451(e)(1): When scaffold platforms are more than 2 feet
(0.6m) above or below a point of access, portable ladders, hook-on
ladders, attachable ladders, stair towers (scaffold stairways/towers),
stairway-type ladders (such as ladder stands), ramps, walkways, integral
prefabricated scaffold access, or direct access from another scaffold,
structure, personnel hoist, or similar surface were not used.
Crossbraces shall not be used as means of access:

 

a)        Employees were using the scaffold crossbraces as a means of
access from the scaffold to the top of the building.

a)        Travis Air Force Base Security Forces Armory Project: The
Hampton Bay metal framed portable electric fan was not grounded, in that
it was missing its ground pin, potentially exposing employees to the
hazard of electric shock.




ORDER

1.         Serious citation 1, item 1, alleging violation of
§1926.404(f)(6)

 

 

                                                                                                /s/


                                                                                                Benjamin
R. Loye

                                                                                                Judge,
OSHRC


Dated: April 14, 2008