A client was cited by California OSHA for three employees working in two separate aerial boom devices at a height over 30 feet without fall protection or a lanyard attached to the baskets. Following an intense deposition of the Cal/OSHA investigator, followed by extensive legal briefing, the firm defended the case at a hearing before the California Occupational Safety and Health Appeals Board (COSHA). The Board issued a 20-page decision in favor of our client, finding we had successfully proven all the elements of the independent employee action defense (IEAD). The citation was vacated and no penalty assessed.
Counsel: Chad T. Wishchuk