Digest of COSHAB-ALJ's Decision dated November 26, 1984, Docket No. 84-R1D2-308 (San Jose, CA). Elise Manders, Administrative Law Judge.
For Employer: Robert W. Aitken, Vice President. For DOSH: Ralph Allen, CSE.
An alleged repeat/serious violation of 1540(d) (excavations) was vacated, with its proposed $1,100 penalty. The decision held that Employer had successfully established the affirmative defense of independent employee action.
Independent Employee Action, Defense Established, Elements of Proof---Shoring Violation, Application of Employee Independent Act Defense to.
"8 Cal. Adm. Code Section 1540(d) provides, `employees who enter excavatio
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