That is what the Commissioner's representative concluded, and we do not disturb that conclusion on appeal. Relator argues there is no evidence that he placed the tape on the safety switch. Relator states that the tape had been there for nearly three years. Even assuming the testimony of relator to be true, the evidence shows that he violated Leaders's safety rules by operating the machine with the safety switch disabled. The plant safety rules require machine operators to check their machines at the start of their shifts to make sure that they are in proper working order and that the safety devices work.
Any problems are to be reported to the supervisor.
Had relator checked his machine at the start of his shift, as he was required to do, he would have discovered the tape over the safety switch. By his own admission he operated the machine with the safety device disabled. If the tape had, in fact, been there for three years, it is clear evidence that relator operated his machine in violation of company safety rules. Lastly, relator argues that others who operated the same machine with the safety switch disabled were not similarly disciplined. Different degrees of discipline for same or similar conduct is never a blanket defense to the claim of misconduct.