12,516 State Of California

By: Cal-OSHA Decisions

DEPARTMENT OF TRANSPORTATION

Digest of COSHAB-ALJ's decision dated February 27, 1978, Docket No. 77-R2D1-357. H. W. Sherbourne, Administrative Law Judge.

For App: Douglas W. Brown, Attorney. For DIS: William B.Lindsey, District Manager.

Construction Safety Orders, Scope, Transitory Act [not within]. This appeal was granted.

"The evidence shows that the employees involved were inside of moving equipment except the flagman. This type of transitory activity by moving equipment along the roadway falls outside of the scope of this Construction Safety Order (1546(b)). The only person or persons that it could apply to would be the flagman. The Divisi

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