Digest of COSHAB's Decision After Reconsideration dated October 2, 1987, Docket No. 83-R5D1-147. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.
The Appeals Board affirmed the ALJ decision of June 3, 1983 (Digest 15,430). The Board denied Employer's appeal from a serious violation of 5416(c) (flammable vapors) and rejected Employer's assertion of the independent employee act defense where the employee in violation was a foreman.
The foreman failed to test for flammable vapors before using a welding torch 10 feet from where employees were cutting a gas line. Propane gas from the cut line ignited and the resulting ex
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