27 COR 40-4117 [19,830R]
DEFENSE - EMPLOYEE INDEPENDENT ACTION
The Appeals Board agreed with the ALJ's finding that Employer did not meet two of the required elements of the affirmative independent action defense. Employer did not provide sufficient evidence of its ironworkers' job experience, and their open disregard of Employer's rule about using fall protection or cooning a 62-foot-high I-beam indicated that they were unaware of the safety rule, rather than that they consciously violated it.
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Digest of COSHAB's Decision After Reconsideration dated June 30, 2000, Docket No. 96-R2D1-1498.
Bill Duplissea and Marcy V. Saunders, Members.
The A
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