14,011 Sully-Miller Contracting Company

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated August 7, 1980, Docket No. 80-R3D1-206 (Long Beach, CA). Jonah Lebell, Administrative Law Judge.

For Employer: Joel D. Kuperberg, Attorney. For DOSH: Michael Divjak, CSE.

The appeal was granted because the Division introduced no direct evidence of the alleged violation, only hearsay evidence and statements. It was alleged that Employer failed to have a backup alarm in violation of 1592(a) on a truck which was involved in an accident. Employer introduced the driver's deposition, taken in connection with a civil suit stemming from the accident, in which he stated the backup alarm was working before the mishap.

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