Digest of COSHAB-ALJ's decision dated August 7, 1985, Docket No. 84-R1D2-1162 (San Jose, CA). Jonah Lebell, Administrative Law Judge.
For Employer: Dana Chaney, Attorney. For DOSH: Mako Imamura, Associate CSE.
A serious violation of 1596(a)(1)(A) (rollover protective structures) was affirmed, with $150 penalty.
Rollover Protective Structures [ROPS], Claims that Use Would Be Impossible or Would Increase Hazard Do Not Constitute Defense. An employee was fatally injured while operating a front-end loader without ROPS at a site where Employer was excavating a swimming pool.
"Section 1596(a)(1)(A) provides in pertinent part that ROPS and seatbelts sh
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