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LABOR COMMISSIONER v. COLE ROOFING CO.

No. 70, Sept. Term, 2001.

796 A.2d 63 (2002)

368 Md. 459

MARYLAND COMMISSIONER OF LABOR AND INDUSTRY, v. COLE ROOFING CO., INC.

Court of Appeals of Maryland.

April 9, 2002.

Attorney(s) appearing for the Case

Andrew H. Baida, Solicitor General (J. Joseph Curran, Jr., Atty. Gen. of Maryland, and Gaston J. Sigur, III, and Jonathan R. Krasnoff, Asst. Attorneys Gen., on brief), Baltimore, for petitioner.

Frank L. Kollman (Bruce M. Luchansky of Kollman & Saucier, P.A., on brief), Baltimore, for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.

WILNER, Judge.

This appeal arises from a final order of the Commissioner of Labor and Industry entered under the Maryland Occupational Safety and Health Act (Maryland Code, §§ 5-101 through 5-901 of the Labor and Employment Article) (MOSHA). It presents two issues:

(1) When an employer is charged with a MOSHA violation and claims that the violation was due to unforeseeable or unpreventable employee misconduct, who has the burden of proof on that...

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