Affirmative defenses
Sec. 27.2. (a) An employer may establish an affirmative defense
for a violation of any standard, rule, or order that is the result of
employee misconduct.
(b) The employer has the burden of proving the affirmative
defense in compliance with federal and state law.
(c) If an employer successfully establishes an affirmative defense
under this section, the commissioner may not assess any penalty or
fine against the employer for the violation.
As added by P.L.224-1995, SEC.1.
Last modified: May 27, 2006