State ex rel. Scott Fetzer Co. v. Industrial Commission

Ohio Adm.Code 4121:1-5-11(D)(6) demands that danger zones on die cast machines be guarded. Former Ohio Adm.Code 4121:1-5-01(B)(17) defines “guarded” as “covered, fenced, railed, enclosed, or otherwise shielded from accidental contact.” Fetzer presents three arguments that alternately assert compliance and inapplicability. Upon review, we find none of them persuasive and affirm the judgment of the court of appeals.

Fetzer cites the language “otherwise shielded from accidental contact” and claims that the robotic equipment performed that function by eliminating the need for claimant to be in the…