11,539 Pacific Intermountain Express Co.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated August 17, 1976, Docket No. 75-R2D6-1061. August F. Cetti, Administrative Law Judge.

Overhead Guards, Forklifts. Appellant is a common freight carrier. The worksite was Appellant's terminal in Emeryville where only two of six forklift trucks had overhead guards when the site was inspected in October, 1975. The citation was for a repeat violation and the penalty proposed was $300; an earlier violation with a penalty of $85 had not been contested.

"Appellant was cited for a violation of 8 Cal. Adm. Code 3650(g) which provides as follows:

"`Every high-lift rider truck shall be fitted with an overhead guard manufa

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