18,027 Apex Plastering Company

By: Cal-OSHA Decisions

Summary of COSHAB-ALJ's decision dated July 24, 1992, Docket No. 92-R4D2-03 (El Monte, CA). Ashaki A. Kone', Administrative Law Judge. For Employer: Ashleigh F. Buchan, Sr., Secretary/Treasurer. For DOSH: Joel Foss, Associate Safety Engineer.

Permits, Scaffold (341(a)(2)---Discrimination. Employer, a plastering and scaffolding subcontractor, was cited for regulatory violation of 341(a)(2) because it failed to obtain a Cal-OSHA permit before constructing scaffolding exceeding 36 feet in height. It failed to prove it was singled out for unusual or discriminatory treatment by the Division, either when the scaffolding was "yellow-tagged" or when Employer

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