While constructing and installing elevators in a 43-story Jersey City building, an elevator mechanic fell 60 feet down an elevator shaft when the makeshift car he was riding on released from a cable that held it in place.
After investigating the accident, an OSHA compliance officer determined that a large socket wrench was used instead of a torque wrench to tighten the nuts on three mechanical devices used to secure the car to the cable. According to the officer, it was impossible to make certain that the nuts were tightened evenly or reached the recommended torque stated in the manufacturer's instruction manual without using a torque wrench.
OSHA alleged that the elevator company violated the General Duty Clause because employees were exposed to an impact hazard as a result of the free falling load, as well as a recoiling cable hazard.
Although the Secretary of Labor proved that hazardous conditions existed at the elevator company's worksite, the Occupational Safety and Health Review Commission (OSHRC) determined that she did not meet her burden of proof that the company recognized the recoiling cable hazard.
This decision was based on the evidence that the company had work rules to protect employees from the free falling load hazard. However, no work rules addressed the recoiling cable hazard. Since the Secretary failed to address whether the company or the industry recognized the recoiling cable hazard, OSHRC ruled that the burden of proof was not met.
OSHRC also determined that the Secretary failed to establish that the elevator company had actual knowledge of its employees riding in makeshift cars. According to OSHRC, the Secretary failed to prove that the company could have discovered the violations with the exercise of reasonable diligence. Therefore, OSHRC legally voided the citation.
To view the full text of this OSHRC decision, click here.