13,438 H. C. Elliott, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated August 1, 1979, Docket Nos. 79-R2D1-613 and 614. Adolf Loeb, Administrative Law Judge.

For Employer: Roger Segers, General Contractor. For DOSH: C. Duane Niesen, CSE.

Employer/Employee Relationship, Payment of Wages Not In and Of Itself Determinative. This appeal was granted.

"The existence of the two charged violations was established by Division's proof. However, the citations as issued cannot stand. The scheme of the California Occupational Safety and Health Act imposes upon an employer responsibility for the safety of his employees. Accordingly, a citation is validly issued only against the employer of emp

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