Occupational Safety and Health Appeals Board

Summary of Dade Behring – Decision After Reconsideration

The Board affirmed an ALJ decision holding that the employer could not move for “nonsuit” at the end of the Division’s case.  The Board further noted that its holding was not meant to say that a motion for nonsuit was always improper, rather that it was properly denied in this instance.

DADE BEHRING, 05-2203 (MS Word)
DADE BEHRING, 05-2203 (Adobe Acrobat)

December 30, 2008