DEFENSE - INDEPENDENT EMPLOYEE ACTION
While Employer was not barred from raising the defense because the Division did not prove that the offending employee was delegated supervisory authority, Employer did not establish the element of the defense which requires proof that its safety program was effectively enforced.
James Wolpman, Administrative law Judge.
For Employer: Laura E. Innes, Attorney.
For DOSH: Vic Doromal, Associate Cal/OSHA En