Opinion
No. 2-844 / 02-0559
Filed October 30, 2002
Appeal from the Iowa District Court for Polk County, George W. Bergeson, Judge.
IBP, Inc. appeals from a district court decision that upheld a citation for a safety violation. AFFIRMED.
James C. Meehan, Dakota Dunes, South Dakota, for appellant.
Thomas J. Miller, Attorney General and John R. Lundquist, Assistant Attorney General, Des Moines, Richard R. Ramsey, Des Moines, and Gail A. Sheridan-Lucht, Des Moines, for appellee.
Considered by Vogel, P.J., and Zimmer, and Hecht, JJ.
The Employment Appeal Board (EAB) upheld a $3,750.00 citation against IBP, Inc. (IBP), which was issued by the Iowa Division of Labor Services for a violation of the Iowa Occupational Safety and Health Act. See Iowa Code § 88.4 (1999). The alleged violation stemmed from an incident where improper use of a chain hoist caused injury to an employee. The district court affirmed the EAB's decision, and IBP appeals, claiming it established the affirmative defense of employee misconduct. Upon our review for errors at law, we uphold an agency action unaffected by legal error and supported by substantial evidence in the record, when that record is viewed as a whole. Iowa Code § 17A.19(10) (2001).
To succeed on a defense of employee misconduct, IPB had to show it
(1) established a work rule to prevent the reckless behavior and/or unsafe condition from occurring, (2) adequately communicated the rule to its employees, (3) took steps to discover incidents of noncompliance, and (4) effectively enforced the rule whenever employees transgressed it.
IBP, Inc. v. Iowa Employment Appeal Bd., 604 N.W.2d 307, 325 (Iowa 1999) (quoting P. Gioioso Sons, Inc. v. Occupational Safety and Health Review Com'n, 115 F.3d 100, 109 (1st Cir. 1997)).
While IBP highlights some evidence arguably supportive of its claim the above requirements were met, EAB points us to a great deal more evidence that effectively undermines any claim of actual compliance and negates the asserted affirmative defense. We conclude, as did the district court, that substantial evidence in the record supports a finding IBP failed to prove the affirmative defense of employee misconduct. We therefore uphold the agency decision.