Ruling on the first case before it requiring interpretation and application of California's multiemployer work site regulation, the Cal/OSH Appeals Board said the failure of Cal/OSHA enforcement to make a pre-citation determination whether an employer has met a five-part defense does not nullify a subsequent citation.Although the Division of Occupational Safety and Health (DOSH) failure to use the affirmative defense test didn't invalidate the citation issued to Airco Mechanical, Inc.,
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