16,241 Robert Banes Land Leveling, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated July 17, 1985, Docket No. 84-R2D3-1133 (Oroville, CA). Adolf Loeb, Administrative Law Judge.

For Employer: John C. Schroder, Jr., Attorney. For DOSH: William T. Brucker, CSE.

One serious violation of 1596(a)(1) was affirmed. The penalty was reduced from $280 to $175 and affirmed.

Seatbelts, Nonuse---Defense, Employee Misconduct, Employer's Safety Duty Nondelegable.

"There was no dispute in the evidence - employees of Employer were operating scrapers and a bulldozer equipped with seatbelts under conditions that required that they be used, and they were not used.

"The violation of the safety order was establi

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