16,071R S. J. Groves & Sons Co.

By: Cal-OSHA Decisions

AND FRANCIS CONSTRUCTION CO. dba GROVES-FRANCIS

Digest of COSHAB's Decision After Reconsideration dated March 7, 1985, Docket No. 82-R1D2-1054. Elaine W. Donaldson, Chairman; L. A. Harrington and Alfred H. Song, Members.

The Appeals Board upheld the ALJ decision of December 6, 1982 (Digest 15,229) affirming a repeat/serious violation of 1669(a) (safety belts and nets) with $1,400 penalty.

Safety Belts, Tying Off Proved Possible---Independent Employee Action, Defense Not Established, Noncomplying Employee Was Working Under Foreman's Direct Supervision ---Penalty and Repeat Characterization, Issues Not Raised in Petition Must Be Waived on Reconsidera

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