Digest of COSHAB-ALJ's decision dated October 18, 1985, Docket No. 84-R5D2-614 (Santa Fe Springs, CA). Gerald Winerman, Administrative Law Judge.
For Employer: S. B. Fryefield, Management Safety Consultant. For DOSH: James Mason, District Manager.
A regulatory violation of 5208(1)(1)(C) was affirmed, but the $500 proposed penalty was vacated.
Employer, Constitutional Rights and Equal Protection, Failure to Prove Discriminatory Enforcement. Employer, which repairs and replaces natural gas pipelines, was cited for not having notified the Division Chief of its "use" (cutting and removal) of asbestos. Employer contended that it was arbitrarily and cap
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