19,758R Andersen Tile Company

By: Cal-OSHA Decisions

27 COR 40-4021 [19,758R]

DEFENSE - INDEPENDENT EMPLOYEE ACTION

Employer's Injury and Illness Prevention Program was not well-devised, one of the five required elements to establish this affirmative defense.

VIOLATION - SERIOUS CLASSIFICATION

Inappropriate where the employer could not have foreseen that the fatally-injured worker would exceed his work assignment and perform other work in a dangerous manner. Reduced to a high-gravity general violation.

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Digest of COSHAB's Decision After Reconsideration dated February 16, 2000, Docket No. 94-R4D3-3076.

James P. Gazdecki, Chairman; Bill Duplissea, Member.

The Appeals Board reversed in part and

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