The Occupational Safety and Health Administration (OSHA) Review
Commission has ruled that under the Occupational Safety and Health
Act, an employer not only must provide eye protection for workers,
but it also must ensure employees wear the protective
On Jan. 10, 2011, an OSHA compliance officer conducted an
inspection of Custom Built Marine Construction at a job site where
the company was renovating a boat ramp. The compliance officer saw
a Custom Built Marine Construction employee using an electric
jackhammer to chip away part of a concrete bulkhead while his
supervisor stood nearby observing the work. The compliance officer
observed pieces of concrete flying in the air while the employee
operated the jackhammer, and neither the employee nor the
supervisor were wearing eye protection; however, two pairs of
protective eyewear were available on-site.
Following the inspection, OSHA issued the company a citation
alleging a serious violation of 29 C.F.R. § 1926.102(a)(1),
the construction industry standard for eye and face protection
equipment, which states: "Employees shall be provided with eye and
face protection equipment when machines or operations present
potential eye or face injury from physical, chemical, or...
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