Section 65 Secretary?s Burden of Proof

• Library: Employer-Employee Law 2008

The Secretary has the burden of proving a violation of an occupational safety or health standard. To meet that burden, the Secretary must prove the following elements: “(a) the applicability
of the cited standard, (b) the employer’s noncompliance with
the standard’s terms, (c) employee access to the violative conditions, and (d) the employer’s actual or constructive knowledge of the violation (i.e., the employer knew or, with the exercise of reasonable diligence could have known, of the violative...