44 COR 40-7843 [¶22,703R]
INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD)
On reconsideration, the Board reversed the ALJ’s holding that Employer established the IEAD, and upheld the cited violation for failure to ensure that an employee was properly tied-in or secured to a tree while performing work in it. The Board found that Employer failed to establish all but one element of the IEAD.
VIOLATION – SERIOUS CLASSIFICATION
Labor Code § 6432(c) (2017) – Employer failed to rebut the presumption of a serious citation. As a result, the citation was properly classified as serious and the Board reinstated the proposed penalty.
Digest of COSHAB’s Decision After Reconsideration dated May 15, 2017, Docket Nos. 15-R2D1-0828; Inspection No. 317253953.
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