Digest of COSHAB-ALJ's decision dated June 12, 1980, Docket No. 80-R3D5-432 (Long Beach, CA). Douglas M. Phillips, Administrative Law Judge.
For Employer: Robert Keller, Project Engineer. For DOSH: Glenn W. Yeoman, CSE.
At the hearing, DOSH moved to amend the cited standard from 1621(a) to 1632(a) (floor openings, guarding or planking). The parties also stipulated that if the citation were affirmed as a general, the proposed penalty would be reduced to zero. If affirmed as a serious violation, Employer would withdraw its appeal of the proposed civil penalty. The only guard, partly around the floor opening, was a 3/8" rope. A serious violation of 163
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