Summary of COSHAB-ALJ's decision dated May 28, 1999, Docket Nos. 98-R1D4-3313 and 3314 (Oakland, CA). Bref French, Administrative Law Judge. For Employer: Steven Van Winkle, Director of Operations. For DOSH: Michael Frye, Associate Safety Engineer.
Employer, a trailer truck repair service, was inspected by the Division as the result of an accident. Citations were issued charging two serious violations with $5,000 penalties each. Employer appealed the safety order violations and asserted the independent employee act defense.
At the hearing, the Division reduced one charge from serious to general, for insufficient evidence of employer knowledge of the v
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