This cause is now before this court upon an appeal as of right. The commission found no violations, and the court of appeals agreed. For the reasons to follow, we find a violation of Ohio Adm. At the time of claimant's accident, Ohio Adm. The equation of possession with availability is troubling.
Possession is meaningless without an additional element - employee accessibility.
Accessibility was a key element in finding availability in State ex rel. Mayle v. Indus. Mayle involved a fatal fall from an electric transmission tower. As here, no safety belts or other similar equipment was on site. Regarding the former, we stressed evidence indicating that prior to every job, the crew assembled at the home office, where the employees had the chance to obtain whatever safety equipment was needed for the job.