Digest of COSHAB-ALJ's decision dated December 29, 1976, Docket No. 76-R4D3-158. Adolf Loeb, Administrative Law Judge.
Employee, Independent Act Against Orders. This appeal affirmed the three nonserious violations alleged.
"The defense of an employee's independent act, to exonerate the employer, must be proved by the employer--the burden is the employer's to establish the validity of the defense. To establish this defense, the employer must show all of the following: (1) that the employee was experienced in the job being performed; (2) that the employer has a well devised safety program which includes training employees in matters of safety respectin
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