Digest of COSHAB-ALJ's decision dated April 3, 1986, Docket No. 86-R5D4-0094 (Chatsworth, CA). Gerald Winerman, Administrative Law Judge.
For Employer: Wayne E. Gibson, Vice President. For DOSH: Dwight Goossen, Associate CSE.
An alleged serious violation of 1621(a) (railings and toe-boards) was vacated. Employer successfully raised the independent employee action defense.
Independent Employee Action, Defense Prevails, Guardrails Not Installed on House Under Construction. An employee fell nine feet to a concrete surface from an unrailed balcony. Under the cited safety order, a guardrail was required. The accident happened at one of approximately 40
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