Digest of COSHAB-ALJ's Decision After Reconsideration dated May 5, 1980, Docket No. 78-R3D2-141. Harold Mitchell, Chairman; Mark K. Bowers and Charles Manfred, Members.
Wheat Warehouse, Fire Hazard Created by Grain Dust Accumulation---Violations, Serious Violation Established by "Substantial Probability" of Death or Serious Physical Harm. A serious violation of 5174(a) established by the ALJ's 1978 decision (Digest 12,706) was affirmed.
Employer had not appealed the Division's finding that a violation existed but rather that the evidence did not establish the serious characterization of the violation. "Substantial evidence at the hearing establishe
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