12,931 Howard J. White, Inc.

HOWARD WHITE CONSTRUCTION, INC.

Digest of COSHAB-ALJ's decision dated October 12, 1978, Docket Nos. 78-R1D2-741 and 742. Gerald Winerman, Administrative Law Judge.

For App: Klaus H. Conrad, Representative. For DIS: MichaelD. Mason, Attorney.

Appellant's defense included no evidence to refute the existence of the violations "but only argued that the violation did not occur." The Division's evidence established that a scaffold at the site lacked proper planking (general violation 1646(e)) and guardrails (general repeat violation 1646 (b)(1)). The proposed penalty of $405 was affirmed.