Digest of COSHAB's Decision After Reconsideration dated August 26, 1985, Docket No. 83-R1D1-345 (Belmont, CA). Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.
The Appeals Board affirmed the ALJ decision of August 15, 1983 (Digest 15,500), denying Employer's appeal from a serious violation of 1621(a) (railings and toeboards). The Board rejected the independent employee action defense and refused to broaden it to encompass independent acts of supervisory employees.
Independent Employee Action, Defense Does Not Extend To Supervisors' Acts.
"The evidence establishes that two workmen were observed stacking door frames o
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