16,130R Petroleum Maintenance Company

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated May 1, 1985, Docket Nos. 81-R4D1-594 and 596 thru 599. Elaine W. Donaldson, Chairman; Alfred H. Song, Member.

The Appeals Board reversed the ALJ decision of January 26, 1983 (Digest 15,290), and granted Employer's appeals from a series of alleged serious and general violations. The Board held that, where a "primary" employer supplies contract employees to a "secondary" employer but has no control over the worksite or right to supervise the contract employees, the primary employer cannot be required to abate a safety order violation.

Dual Employment, Primary Employer Supplying Workers to Seconda

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