Digest of COSHAB-ALJ's decision dated January 30, 1978, Docket Nos. 77-R2D5-704 and 1227. August F. Cetti, Administrative Law Judge.
For App: Brynn F. Aurelius, Attorney. For DIS: W. H.Ahlenslager, CSE.
Evidence, Best Evidence Rule, Airborne Hazards. The ALJ dismissed an alleged serious violation of 5144(a). The DIS motion to dismiss an alleged general violation was granted.
"The Division's efforts to overcome the absence of an analyzed air sample by presenting a soil sample analysis and the expert testimony of an industrial hygienist and a medical doctor were not sufficient to carry the Division's burden of proof. The evidence presented establis
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