UNITED STATES
DEPARTMENT OF LABOR

At approximately 8:45 a.m. on April 14, 2014, Employee #1, a welder/cutter employed by a structural steel contractor, was working at an old building being structurally upgraded. His foreman was in the general area. Employee #1 was preparing to use a torch to cut a concrete pavement. As Employee #1 began to light the torch, a flareback occurred from the torch or its components. Employee #1 was burned. He went to tell his foreman, and the foreman transported Employee #1 to San Francisco General Hospital. Employee #1 later was transferred to St. Francis Memorial Hospital, where he was admitted and treated for burns to his abdomen. Employee #1 had a burn and scar on his front abdominal area that measured approximately 6 inches by 10 inches. This event was reported to Cal/OSHA by a concerned citizen. An investigation was conducted at the construction jobsite on April 22, 2014. An interview was conducted with the foreman, who initially told the investigator that no work-related injury had occurred at the worksite. He finally admitted to the event. The investigator was unsuccessful in his attempts to interview Employee #1. Employee #1 had legal counsel representing him and was instructed to plead the Fifth Amendment. Employee #1's legal counsel also attempted to have Cal/OSHA grant immunity to his client. The employer was cited three serious accident-related violations: T8 CCR 4845(q) requires the welder to inspect the torch for safe operation at the beginning of each work shift. T8 CCR 4845(b) requires appropriate clothing be worn for the work being done. Employee #1 could not have inspected the torch before use. Had he inspected the torch, he would have found that backflow protection had not been provided. Employee #1 did not wear protective clothing to prevent burns. The Division was not notified of this event and Employee #1's injuries. The investigation observed additional violations, and the employer was cited accordingly.