11,164 The Atchison, Topeka And Santa Fe Railway Company

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated July 1, 1976, Docket No. 75-R5D3-587. Douglas M. Phillips, Administrative Law Judge.

Jurisdiction, Railroads. The Appellant stipulated to the existence of the 18 nonserious violations alleged. The motion of the Appellant to dismiss these violations for lack of proper jurisdiction was held to be without merit and denied. The penalties were affirmed in the $265 amount proposed.

The Administrative Law Judge said:

"This motion is based on three main grounds, as follows: 1. Appellant argues that jurisdiction over the safety of railroad employees is exclusively vested in the Public Utilities Commission (PUC) to the

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