Digest of COSHAB-ALJ's Decision After Reconsideration dated March 13, 1986, Docket No. 84-R1D2-648. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.
The Appeals Board affirmed the ALJ decision of April 19, 1985 (Digest 16,121), denying an appeal from a serious violation of 1540(i) (excavations).
Independent Employee Action Defense, Defining Foreman for Application of, Determinant Is Whether Employer Granted Enough Power to Control Work.
"...The evidence established that an employee was standing within the swing radius of the arm and bucket of a backhoe. He was guiding a section of plastic drain pipe suspended from a
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