Digest of COSHAB-ALJ's decision dated October 5, 1979, Docket No. 79-R3D3-748 (Indio, CA). Ronald F. Peters, Administrative Law Judge.
For Employer: David E. Smith, Attorney. For DOSH: Charles I. Ehrlich, CSE.
Employer Affirmative Defense to Violation, Isolated Unforeseeable Act by Employee. This appeal was granted; an alleged serious violation of 2946(a) was set aside.
"The evidence clearly established that the decedent had been instructed concerning the use of ladders in proximity to high voltage lines. The line of trees being climbed was between 30 and 35 feet away from the overhead power lines, which were at approximately the same height as th
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