12,254 Paul Masson Vineyards, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated October 26, 1977, Docket No. 77-R1D4-201. Paul G. Smith, Administrative Law Judge.

For App: Thomas Franco, Safety Supervisor. For DIS: C. S.Van Blommestein, CSE.

Employee, Independent Acts. An alleged general violation of 4185(a) was dismissed.

"Appellant satisfactorily carried the burden of showing that its employee acted independently and negligently and contrary to stated safety policy in causing himself injury. Appellant offered testimony that the bottling line was unguarded only during setup by its mechanics, and that the guards had to be removed for visual inspection at that time. The evidence showed th

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