13,115 J. C. Plumbing Co.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated February 23, 1979, Docket No. 78-R4D5-1317. Gerald Winerman, Administrative Law Judge.

For App: Timothy C. Simons, President. For DIS: Richard C.Drew, District Manager.

An alleged serious violation of 1596(a) was established as general only. The proposed penalty was vacated.

Employer/Employee Relationship, Employee v. Independent Contractor, Backhoe Owner/Operator Hired Pursuant to Union Contract.

"8 Cal. Adm. Code 1596(a) requires ROPS be provided on all tractors and motor graders. There is no question that ROPS were not provided on the backhoe at the site. The issue is whether the operator was an employe

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