Digest of COSHAB-ALJ's decision dated September 16, 1981, Docket No. 81-R4D6-811 (Paramount, CA). Douglas M. Phillips, Administrative Law Judge.
For Employer: L. J. Vitek, Safety Supervisor. For DOSH: P. L. Barker, Associate CSE.
This appeal was denied. A repeat/general violation of 1516(a) (eye protection from flying particles) and a penalty of $350 was established. An employee who was observed breaking concrete with a jackhammer was not wearing safety glasses. The defense of employee independent action was rejected because Employer did not have a clear policy of sanctions against employees who failed to observe safety orders.
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