Digest of COSHAB's Decision After Reconsideration dated September 15, 1999, Docket Nos. 95-R5D2-1186 to 1189. James P. Gazdecki, Chairman; Bill Duplissea, Member.
The Appeals Board affirmed the ALJ decision of December 29, 1998 [Digest 19,476], establishing violations but vacating all related penalties since Employer's joint venture was out of business.
Employer, a Metro Rail contractor, was inspected and cited, following which it appealed. At the ALJ hearing, "Employer moved for a determination that the Division was without jurisdiction to cite Employer since Fed OSHA, at the invitation of Cal OSHA, also exercised jurisdiction at the site. This iden
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