EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of BOURGEOIS, INC. - DAR


Employer raised only the independent employee action defense in its appeal and waived existence of the violation by not appealing it. The petition for reconsideration mainly addressed the existence of the violation. Employer did address the Independent Employee Action Defense in the petition by arguing that the deceased employee was experienced in the blade bolting task being performed by virtue of his experience "in the industry" with other types of mowers. However, Employer does not explain how any evidence in the record supports this argument, as required by Labor Code section 6616.

BOURGEOIS, INC. (DENIAL OF PETITION FOR RECONSIDERATION) 99-R3D2-1705
April 26, 2000