13,408 C. L. Smith Co., Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated July 17, 1979, Docket No. 79-R3D1-399. Jonah Lebell, Administrative Law Judge.

For Employer: Robert E. Long, Mason Contractor Associations, Inc. For DOSH: Robert K. Yount, CSE.

A serious violation of 1646(b) was established. The $210 proposed penalty was affirmed.

"Section 1646(b) of the Construction Safety Orders requires that rolling scaffolds shall have railings if the platform is seven and one-half feet or more above grade. The uncontroverted evidence established that the Employer's employee was working over 11 feet above ground level on a rolling scaffold which was not equipped with railings. The fact tha

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