12,348 See’s Candies, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated December 15, 1977, Docket No. 77-R1D3-079. H. W. Sherbourne, Administrative Law Judge.

For App: Jack Sterling, Assistant General Manager. For DIS: Elliott L. Bershodsky, CSE.

Respiratory Protection, Fumigation---Code Section, Ineffective as a Matter of Law. This appeal was granted.

"SECTION 5215(a), 8 CAL. ADM. CODE, IS AMBIGUOUS AND NOT SUBJECT TO ENFORCEMENT UNDER THE FACTS OF THIS CASE.

"The plain reading of said statute `Wherever a poisonous gas or a substance giving rise to a poisonous gas is used for fumigation, at least two men shall be present at all times, and each man shall be provided with respir

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