ALJ Decision in Anthony Marano Co., OSHRC Docket No. 19-0622, Directed for Review
On October 30, 2018 one of Respondent’s employees was seriously injured while cleaning a running conveyor belt with a hand towel. After conducting an inspection, Complainant issued a Citation and Notification of Penalty alleging, amongst other things, Respondent’s failure to properly implement its Lock-out/Tag-out program with respect to the conveyor belt where the employee was injured. In response, Respondent claims the LOTO standard does not apply to cleaning the conveyor belt in question. Alternatively, Respondent argues the activity falls under the minor servicing exception to the standard. After reviewing the record evidence, as well as the parties’ respective briefs, the Court finds Respondent violated the standard as alleged, because the extensive nature of the cleaning, its timing, and the level of exposure far exceed what was envisioned by the minor servicing exception, as well as the case law interpreting that provision.