Section 70 Greater Hazard
| Library | Employer-Employee Law 2008 |
To establish a greater hazard defense, an employer must prove that:
- compliance with the standard would create greater hazards (not merely new hazards) than noncompliance
- alternative protective measures were taken or were not available; and
- a variance application is inappropriate
Sec’y of Labor v. State Sheet Metal Co., OSHRC Docket Nos. 90-1620 and 90-2894, 1993 OSAHRC LEXIS 67, 16 O.S.H. Cas. (BNA) 1155 (OSHRC Apr. 27...
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