Digest of COSHAB-ALJ's decision dated May 28, 1985, Docket No. 84-R4D3-871 (Riverside, CA). Gerald Winerman, Administrative Law Judge.
For Employer: Jimmy C. Smith, Vice President. For DOSH: Rafael S. del Campo, CSE.
An alleged repeat/serious violation of 1516(a) (eye and face protection) was vacated, with a proposed penalty of $850. Employer successfully asserted the independent employee action defense.
Eye and Face Protection, Saw Cutting Masonry Brick---Independent Employee Action, All Elements of Defense Established.
"8 Cal. Adm. Code 1516(a) requires that employees working in locations where there is risk of receiving eye injuries such as
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