Digest of COSHAB-ALJ's decision dated September 1, 1981, Docket No. 81-R1D5-281 (San Leandro, CA). H. W. Sherbourne, Administrative Law Judge.
For Employer: Ed Bovee, Safety Engineer. For DOSH: Stephan A. Williams, CSE.
This appeal was denied. A general violation of 1517(a) (foot protection) was affirmed. No penalty was proposed.
Foot Protection, While Operating Jackhammer, Independent Employee Action. An employee was using a jackhammer without toe covers on his boots. Employer maintained that the violation was caused by the exposed employees' independent actions against orders. The employees knew they were supposed to wear toe covers but did not
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