Digest of COSHAB-ALJ's decision dated July 14, 1976, Docket No. 75-R6D1-749. Gerald Winerman, Administrative Law Judge.
Violations: [1] Serious vs Nonserious---[2] Repeat, May Not Base on Citation Issued Prior to Employer's Right to Appeal. Appellant was cited for an alleged repeat/serious violation of 4186(b) where the site contained an unguarded punch press. If an employee contacted the moving parts there was a 50% chance that an amputation of a finger, hand, or arm would occur. A penalty of $2,000 was proposed. On appeal it was established that the violation was nonserious, that the repeat characterization was improper and that in consideration of
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