As for the expected injury, the issue is not whether an accident would occur. Rather, the issue is whether the resulting injury would likely be death or serious harm if an accident should occur. The failure to provide secure anchorage for fall protection equipment at heights in excess of 40 feet can reasonably be expected to cause serious injury or death. The accident in this case resulted in a fatality. The Commission is the final arbiter of penalties in all contested cases.
Gravity is the principal factor to be considered.
Traylor does not dispute the reasonableness of the penalty amount. Also, Traylor was inspected by OSHA during the preceding three years. As for gravity, the employees were working at heights above 25 feet. One employee for each form-setting machine was responsible for positioning the track on the concrete girder and was exposed to a fall hazard. To lay a 70-foot span of track, the process took approximately one hour.