Digest of COSHAB-ALJ's decision dated March 10, 1980, Docket No. 79-R2D1-1300 and 1301 (Sacramento, CA). Adolf Loeb, Administrative Law Judge.
For Employer: David Hanson, President. For DOSH: Bill Rummell, CSE.
Seat Belts, Use of Contrasted with Instructions to Use. An alleged serious violation of 3653(a) was set aside.
"There was ample evidence that an employee of Employer operated a trencher without using the seat belts with which it was equipped. However, that was not the violation Employer was cited for having permitted and Employer was, thus, not called upon to defend against such charge.
"Employer was said to have failed to have instructed
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