The scaffolds in question were in use at a waste-transfer station under construction in Yonkers, New York. Employees installed lathing and sprayed on fireproofing material from 3 x 6-foot mobile scaffolds 4 feet high. An employee on the ground would move and steady the scaffold, and sometimes mix material and ready supplies as well. The casters or wheels shall be locked to prevent any movement. Toeboards shall be a minimum of 4 inches in height.
Gravity is normally the most important factor.
The severity of an injury, if an accident were to occur, is already established in the process of characterizing the violation as a serious one. Mr. Wohl admitted that someone who fell 16 feet could be seriously hurt. The Secretary's proposed penalties in this case are based largely on the opinion of a compliance officer who thought an accident was not unlikely. The judge's reasons for lowering the penalties proposed by the Secretary are not entirely clear. He did not expressly hold that an accident was improbable.