• CAL OSHA Defense

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  • Understanding the CAL OSHA Defense AP Safety Training Solutions

    Understanding The CAL OSHA Defense

    APSTS will respond and mediate on behalf of your organization regarding a CAL OSHA violation or injury and will make you aware of the Independent Employee Act Defense.

    What if you are fined by OSHA for a serious penalty?

    Among the various defenses available, the most effective is the Independent Employee Act Defense (IEAD). In this defense, the employer must plead that the act of the employee that caused the injury was an independent act of the employee, and the employer should not be held liable.

    Using the CAL OSHA Defense

    CAL OSHA Defense | AP Safety Training Solutions

    In order to prevail with the affirmative defense, it must first be pled on the appeal following the citation and for the employer to prevail, you must prove all five of the following elements:

    1. The employee was experienced and trained on the job.
    2. The employer has a well-defined safety program in place.
    3. You must have a sanction against employees who violate your safety program.
    4. You must have an effective enforcement program in place.
    5. The employee caused the safety infraction which he/she knew was contrary to the employer’s safety requirements.

    If you have an effective IIPP in place, well documented and enforced, you may be able to effectively defend against a serious OSHA violation. The important thing to remember is that proper documentation prevails.