Digest of COSHAB's Decision After Reconsideration dated March 14, 1985, Docket No. 81-R4D6-811. Elaine W. Donaldson, Chairman; L. A. Harrington and Alfred H. Song, Members.
The Appeals Board affirmed the ALJ decision of September 16, 1981 (Digest 14,653), denying Employer's appeal from a repeat/general violation of 1516(a) (eye protection). The Board held that Employer had failed to establish the affirmative defense of independent employee action.
Safety Program, Effective Enforcement Policy or Sanctions Not Shown---Independent Employee Action, Defense Must Be `Earned.'
"The parties admit that a general violation of Section 1516(a) was established
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