10,272 Ehrhart Division, Procon Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's decision dated January 8, 1975, Docket No. 74-R3D2-383. Ford B. Ford, Chairman; Monroe Browne and Gerald Shearin, Members. Robert L. Harvey, Hearing Officer.

Exposure to the Hazard, Proof Required. The appeal was granted in part and denied in part from a citation alleging two nonserious violations and total proposed civil penalties of $40.

Appellant was not in violation of Section 3273(e) (failure to guard work area below steel grating platform through which objects may fall) where the Division failed to establish exposure of employees to the hazard. It was Appellant's testimony that the area below the steel platform was not used a

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