Digest of COSHAB-ALJ's decision dated May 11, 1987, Docket No. 87-R4D5-110 (Thousand Oaks, CA). Ronald F. Peters, Administrative Law Judge.
For Employer: Michael D. Rote, Partner. For DOSH: George R. MacDonald, Associate CSE.
An alleged serious violation of 4186(b) (maintenance and use of point-of-operation tools and guards) was vacated. The Division based a charge of an "unguarded saw condition" on an affidavit from an injured employee's attorney.
"The affidavit supplied by the injured employee's attorney is hearsay and cannot support a violation without legally sufficient corroboration. Both the Division and the Employer's witnesses observed ful
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