Digest of COSHAB-ALJ's decision dated October 28, 1976, Docket No. 76-R5D3-072. Marilyn L. Nelson, Administrative Law Judge.
This appeal considered four alleged nonserious violations. One was affirmed, the remaining three were vacated. No penalty was levied against the Appellant.
[1] Constitutionality of Statute, No Denial of Employer Right to Trial by Jury.
"The Appellant contended that the Occupational Safety and Health Act of 1973 is unconstitutional in that it deprives it of due process of law because of its failure to provide for a trial by jury. The Act authorizes the Division to issue citations and to assess civil penalties and the Appeals
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