12,274 Masterite Industries, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated November 10, 1977, Docket Nos. 77-R4D3-620 and 621. Adolf Loeb, Administrative Law Judge.

For App: Cooper Gwin, President, and Joseph H. Vallerand, Vice President. For DIS: Ray B. Newkirk, CSE.

Burden of Proof. The appeal from a citation for an alleged serious violation of 8 Cal. Adm. Code 4206(a) was granted where the Division failed to satisfy the burden of proving the size of the guard opening. The proposed $600 penalty was set aside.

The Division had alleged that the Appellant maintained a punch press with guards that would allow fingers to be inserted while in operation. The Division alleged that the guard

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