Digest of COSHAB-ALJ's decision dated June 8, 1990, Docket No. 89-R3D3-249 (Chino, CA). Manuel M. Melgoza, Administrative Law Judge.
For Employer: Robert D. Peterson, Attorney. For DOSH: Robert A. McCaughey, Associate CSE.
A violation of 1669(a) (safety belts and nets) was reduced from serious to general, vacating a proposed $750 penalty.
Employer, a contractor mainly engaged in installing roof structures, raised the independent employee action defense against existence of the violation; this was rejected. However, the violation was reduced to general because the employer knowledge element of a serious violation was absent.
The parties stipulated
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