19,766 Pacific Tube Company

By: Cal-OSHA Decisions

COR 27 40-4031 [19,766]

PETITION FOR COSTS - ARBITRARY OR CAPRICIOUS CONDUCT

Employer did not prove "arbitrary or capricious conduct" on the part of the Division, the measure for recovering costs of a successful appeal. The compliance officer's inspection was not conducted incompetently. Her failure to ask direct questions of the injured employee rather than simply listen to his story, or to observe the equipment in operation, were not omissions that would sustain Employer's burden of proof.

CRANES - SECURING LOADS

CAL. CODE REGS, tit. 8, 4999(c)(2) (2000) - Although the Division's evidence in the original appeal was insufficient to prove that Empl

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