Digest of COSHAB-ALJ's decision dated April 16, 1979, Docket No. 78-R2D2-1135. Paul G. Smith, Administrative Law Judge.
For App: Ann Craighead, Owner. For DOSH: Roy Berg, CSE.
"Although Employer tried unsuccessfully to obtain a compactor with ROPS, the evidence clearly established that Employer was knowingly using a compactor that did not have the required ROPS near a dangerous incline. An independent review of the record and supporting document shows that Employer was given adequate consideration in the assessment of the $85 proposed civil penalty. The alleged serious violation was established, and the $85 proposed civil penalty is affirmed. "
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