Ames Crane & Rental Service, Inc. filed this petition to review a decision of the Occupational Safety and Health Review Commission affirming, by an equally divided vote,
Ames is an Iowa corporation which rents heavy equipment. On February 12, 1973, Ames leased a 30-ton truck crane, as well as the services of Ken Stromley, the crane operator, to a construction firm for use at the Iowa State University power plant construction site at Ames, Iowa. The crane was moved into position to lift equipment from ground level to the power plant's 70-foot high roof. This raising and lowering operation was undertaken between the plant's north door and live power lines, where the clearance was only eight feet. Two loads were raised without incident, but the third load, a large metal door-frame, either touched or came sufficiently close to the 13,800 volt line to become energized. One ironworker was electrocuted and several other workers were exposed to the same danger.
We find sufficient evidence to support the findings of the administrative law judge and OSHRC that the crane was operated in violation of the regulation.
One of the OSHRC Commissioners dissented on the ground that Ames lacked
511 F.2d at 1145 (emphasis added).
In the instant case we need not decide whether Ames could be charged with a serious violation if its operator had disregarded clear and adequate safety instructions, because no such instructions were given here. Ames never instructed its crane operators to maintain any specified distance from live power lines. It merely "made available" several hundred pages of written material which the operators were free to read if they chose to do so. Such conduct does not fulfill the duty of an employer to take adequate precautionary steps to instruct and train employees to protect against reasonably foreseeable dangers. See Brennan v. Butter Lime & Cement Co., 520 F.2d 1011, 1017-18 (7th Cir. 1975).
The petition for review is denied.