Digest of COSHAB's Decision After Reconsideration dated September 28, 1984, Docket No. 81-R3D4-0259. Elaine W. Donaldson, Chairman; L. A. Harrington and Alfred H. Song, Members.
The Appeals Board affirmed the ALJ decision of March 19, 1982 (Digest 14,907), denying Employer's appeal from a serious violation of 1540(b) (excavations, preparation for work involving underground installations), with $300 penalty.
The appeal was limited to Employer's assertion of the independent employee action defense. The Appeals Board held that this defense was unavailable, finding that other derelictions of Employer made it unnecessary to decide the contention that the
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