49 Ohio St. 2d 268 | Ohio | 1977
At the time relator suffered his injuries, there were no guardrails or toeboards provided around the sides of the opening in the floor. Relator claims that the failure to provide this safety equipment violated Industrial Commission Rules IC-3-03.03(B), IC-3-03.05 and IC-3-03.09.
There is some disagreement concerning whether the sides of this opening were “unused” within the meaning of those rules. The record shows that at the time of the injuries, a crane was preparing to lower a piece of conveyor equipment down through the opening. But, it is not necessary to consider whether this was a use of the side of the opening through which the relator fell. The record does not disclose whether this employer, a subcontractor for the installation of stairways and railings, was in control of this construction area or was in any way involved in the construction being carried out in the vicinity of the opening.
Because the record in this case fails to clearly indicate that this employer was in control of the work in the vicinity of the opening in the floor and therefore responsible for compliance with the Industrial Commission’s rules, we cannot conclude that the denial of the additional award constituted an abuse of discretion. Accordingly, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.