This is a very interesting AND disappointing decision by the commission. They accepted a PPE Hazard Assessment done at a distribution center in AR for a facility in TX. The business argued that the 100+ distribution centers around the country are identical with identical job functions. The commission, although they state otherwise, appears to be saying that since there was an “absence” of injuries in any substantial numbers there was not enough data to make the employer aware of the presence of hazards!!!! At least that is how I read this. This sets us back a bit, as we routinely identify hazards at facilities that require PPE and the facility will try and argue that no one has suffered an injury from said hazard “yet”. I always thought the purpose of PPE “HAZARD” assessment was to identify “hazards” and not injuries. Granted using injury data can point us in the right direction, but IN NO WAY should a “hazard(s) assessment” be limited to an injury log analysis. Anyway, here is the OSHRC decision…