12,104 Fmc Corporation – Ordnance Division

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated August 19, 1977, Docket Nos. 77-R1D4-271, 272 and 273. Adolf Loeb, Administrative Law Judge.

For App: A. E. Wehde, Counsel. For DIS: Michael D. Mason,Attorney.

Violation, Repeat for Multiple Worksites, Different "Divisions" of Employer. Appellant was charged with three nonserious repeat violations whose existence was not in issue. The appeal involved the "repeat" character of the violations. First the Appellant alleged that the Division's December 30, 1976 amendment of 8 Cal. Adm. Code 334(d), which defined "repeat" violation, was improper in that no "emergency" existed. Appellant argued that public hearings s

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