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OSHA could not show reasonable danger in case of transport accident



The Administrative Court's Administrative Judge dismissed a fine of $ 7,577 issued to a conveyor belt company after an employee's hand was seriously injured in an accident caused by an unattended conveyor belt and ruled that there was no evidence that the company could have reasonably predicted the danger.

In July 2019, workers installed a conveyor belt on a potato truck in Lewisville, Idaho, as part of an agreement to remove an old conveyor belt from a potato truck and install a new one. While checking the installation and observing unattended parts, a worker who was on his knees reached the truck for support and "incorrectly" put his hand in a part of the moving conveyor belt roller, which resulted in bone fractures and partial cleaning of his hand. according to documents in Secretary of Labor v. Purvis Industries, LLC, d / b / a Snake River Supply, filed in Washington, DC

After inspection of the incident, Occupational Safety and Health Administration quoted Snake River Supply with a serious violation and claimed that employees were subjected to an unattended incoming pinch on a truck's conveyor belt.

The judge, while dismissing some of the employer's arguments regarding issues such as knowledge of a dangerous condition and training, argued that the workers' secretary “did not provide any evidence that it was reasonably predictable that an employee would be near an unprotected roller on the back of the truck. . ”

“W While the Secretary proved that the respondent had constructive knowledge of the dangerous condition, he did not prove that the respondent was obliged to protect the included new points on the conveyor belt as there was no evidence that it was reasonably foreseeable that an employee of necessity or normal practice would be at risk of the dangerous condition, ”states the decision.

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