CI knew that the lathe's interlock was bypassed and operators were reaching inside to catch parts with a PVC pipe during the cutoff cycle. The lathe's operators were in the zone of danger. The result of an accident was likely to be serious harm, such as bruises and burns from rotating parts and flying chips. The Commission is the final arbiter of penalties in all contested cases. In determining an appropriate penalty, the Commission is required to consider the size of the employer's business, history of previous violations, the employer's good faith, and the gravity of the violation.
Gravity is the principal factor to be considered.
CI is a large employer with in excess of 400 hourly employees. Two operators work on the lathe. There is no evidence that CI was uncooperative. After the inspection, CI stopped bypassing the lathe's interlock and catching parts in the PVC sleeve. The parts now fall into the pan.