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VIKING PUMP v. STATE EMP. APPEAL BD.

No. 93-383.

522 N.W.2d 310 (1994)

VIKING PUMP, INC., Plaintiff-Appellant, v. STATE of Iowa EMPLOYMENT APPEAL BOARD, Defendant-Appellee. Kimberly Frieling, Intervenor.

Court of Appeals of Iowa.

June 28, 1994.

Attorney(s) appearing for the Case

Beth E. Hansen and Eldon R. McCann of Swisher & Cohrt, Waterloo, for appellant.

Bonnie J. Campbell, Atty. Gen., Thomas D. McGrane, Asst. Atty. Gen., and William Whitten, Employment Appeal Bd., for appellee.

Heard by HAYDEN, P.J., and CADY and HUITINK, JJ.

HAYDEN, Presiding Judge.

After a fatal accident in 1989 concerning a conveyor belt at one of the plaintiff's plants, Occupational Safety and Health Act (OSHA) inspectors inspected the Viking Pump facility (Viking) and determined OSHA standards had been violated. The Iowa Commissioner of Labor as the Iowa administrator of OSHA issued fifty-six citations regarding the violations. Several citations involved the plaintiff's violation of the general duty clause of Iowa...

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