Absence of railings or guards

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Reference no: EM131006950

Employees of a contractor that manufactures cabinets were delivering cabinets to a house under construction. Two employees were carrying a large cabinet up a stairway to the second floor when one of them fell off the landing and was killed. There were no railings or other guards on the stairway, which was still under construction. The contractor had no written safety rules specifically addressing unguarded stairs or landings. However, delivery crews were instructed that if they encountered an "unsafe condition" while making a delivery, they should leave the cabinet downstairs and call the office. The lead delivery person testified that he had occasionally left cabinets downstairs due to dangerous obstacles, but had never reported it to the office. He also testified that unguarded stairs do not always pose a hazard, depending on how much room there is on the steps. Another delivery person testified that he had delivered cabinets upstairs despite the absence of railings or guards because he never had any problems doing so. The contractor is cited by OSHA for failing to adequately train its employees. What should the commission decide? Why? (Superior Custom Cabinet Co., 18 OSHRC 1019 (1997))

Reference no: EM131006950

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