Digest of COSHAB-ALJ's decision dated March 5, 1987, Docket No. 86-R2D1-1387 (San Francisco, CA). Amos P. Freeman, Administrative Law Judge.
For Employer: Michael C. Jonas, Attorney. For DOSH: C. R. Campbell, Associate CSE.
An alleged general violation of 1596(a)(1)(A) (ROPS and seat belts) was vacated. Employer prevailed on a defense of independent employee action.
An experienced heavy equipment operator was seen without the seat belt fastened on a front-end loader that required provision and use of a belt. He testified that he normally wore a belt, but that "during the course of getting off and on the machine frequently during the day of the ins
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