I am sharing this OSHRC decision to demonstrate how a citation can be vacated with PROPER supervision and training on machine hazards, guarding, and LOTO. In this case, an employee opened a guard, reached into the machine to clean/clear breading and the machine started – grabbed his smock and caused serious injuries to his right arm and hand. The business won BOTH times (in front of the ALJ and the full commission). Although not official stated, it was almost like an “employee misconduct” defense; but the ALJ and the commission had a VERY interesting way of applying the criteria that OSHA must be in order to issue a citation, which I think many of you will find interesting. The ALJ vacated the citation based on what she found to be a LACK OF EXPOSURE, and on review, both parties frame their arguments in terms of exposure.
In September 2016, an employee sustained serious injuries to his right arm and hand while working on a breading machine at the company’s poultry processing facility. Following the incident, OSHA conducted an inspection and issued a one-item serious citation alleging a violation of 29 C.F.R. § 1910.212(a)(1) for failing to guard the “sprocket and chain system” on the breading machine.
Following a hearing, Judge Sharon D. Calhoun VACATED the citation for lack of employee exposure to the alleged violative condition. For the reasons discussed below, we also VACATE the citation.
The question was whether the Secretary established that the grate covering the hopper was required to protect employees from “hazards such as those created by [the Accufeeder’s] point of operation, ingoing nip points, rotating parts, [or] flying chips and sparks.” 29 C.F.R § 1910.212(a)(1). Therefore, the occurrence of the operator’s injury here does not, by itself, establish that the facility failed to comply with § 1910.212(a)(1).
BACKGROUND