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Vermett v. Fred Christen & Sons Co.8/25/2000
he said anything to you at all about keeping your hand out of the die area?
"A. No.
"Q. No?
"A. Not that I can recall.
"Q. I want to make sure I understand that. He's told us that he did tell you that, and so my question is are you sure he did not or you just can't recall?
"A. I cannot recall.
"Q. Did he point out any of the signs on the machine to you?
"A. Not that I'm aware of.
"Q. Is your answer the same as it was for the last one, he may have, you just can't recall?
"A. Yes."
Appellant further testified that he placed his hand in the die area because a piece had become stuck. He stated that placing his hand in the press was the only way he knew of to get the piece out. Appellant testified as follows:
"Q. What was your understanding of putting your hand into the press point where the machine comes down and bends the part? Did you have any thought about that at all? You say no one said anything to you; isn't that what you're telling me?
"A. Yeah.
"Q. Did you have any conclusions about that?
"A. I just -- I -- at the time I did what I -- I don't know. I just thought I'd do what I thought was right. I don't know. I just--
"Q. You'd do what you thought was -- was there any reason as far as you're concerned that your hand for any reason at all would go into the pinch point where the press comes down on the part? Any reason for your hand to go in there?
"A. When the piece got stuck, when a piece got stuck, yeah.
"Q. Why would you put your hand in there when the piece got stuck?
"A. That's the only way I knew of to get it out.
"Q. Who told you to do that?
"A. I can't recall of anyone saying that right offhand.
"Q. Well, how did you come to that conclusion then?
"A. Because the only way I knew of operating the press was by the pedal, and I took my foot off the pedal and went inside with my hand to pull that piece out, and I figured if my foot was off the pedal, it would not cycle. And when I reached in there to grab it, it cycled. That's the only thing I knew about the press."
There was no point of operation guarding on the press being used during appellant's job to prevent his hands from being inside the press when it cycled. There was a dual palm system attached to the press; however, it was not being used for appellant's particular job. Wysong's safety manual stated that the " ual palm buttons should be used to activate the ram when the piece parts are small and the operator has to stand close to the point of operation." Both Brickner and Knak testified that the dual palm system could not be used for the part being pressed by appellant because the items had to be balanced until the ram came down to balance the piece. Potentially, the press could have had a table bolted to the front which could have been used to balance the item being pressed, thereby allowing the dual palm system to be used; however, the press was never equipped with such a table. Ryan also testified that wrist guards could have been used with the job appellant was performing; however, wrist restraints were not added until after appellant's injury.
Richard Stein, consultant for Wysong, testified that the press could not be equipped with universal point of operation safeguarding due to the infinite jobs for which the press could be used. The safety manual, however, stated that " roper point of operation safeguarding is a must with each type of press brake." The safety manual further stated:
"ANSI
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