What are the 5 elements of an idependent employee act for purposes of OSHA?

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There are 5 elements which must be proven under the theory of Independent Employee Act, they are:

  1. The employee is experienced in the job.
  2. The employer has a well-developed safety program which includes safety training.  The training must focus on the employee-in-question’s job.
  3. The employer must enforce its safety program.
  4. The employer must enforce/discipline employees who violate the safety program.
  5. The employee broke a safety rule which he or she knew was against the safety program rules.

This is a very difficult defense to prove, and if you are missing just one element your defense will sink quickly.  Unless you are absolutely sure that you have all 5 elements, you may want to consider appealing your Cal-OSHA citation on other grounds.

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