16,183 Ernest E. Pestana, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated May 28, 1985, Docket No. 84-R1D2-767 (San Jose, CA). August F. Cetti, Administrative Law Judge.

For Employer: Bruce V. Weitzen, Attorney. For DOSH: Mako Imamura, CSE.

An alleged serious violation of 2946(b)(2), in which a crane came in contact with 12,000-volt overhead lines, was vacated. Employer defended solely on the ground of independent employee action.

Power Lines, High-Voltage, Contact with---Independent Employee Action, Defense Prevails. Employer was installing underground pipelines, including the excavation work. The site was inspected after a report that Employer's crane-type excavator had made cont

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