Affirmative Defenses, Discovery Disclosures – and Overhead Load Danger Zone Clarified by Appeals Board

The Cal/OSH Appeals Board, in California Erectors, Bay Area, Inc., a Decision After Reconsideration included in this issue, has resolved arguments surrounding three important issues.First, it says that to present an affirmative defense, such as independent employee action, an employer must raise the defense either on the appeal form when it is filed, or by a motion to amend that is made at least 20 days before the appeal hearing. This prevents the Division of Occupational Safety and He