GETTY REFINING & MKTG. CO.
Digest of COSHAB-ALJ's decision dated September 19, 1980, Docket No. 80-R3D5-700 (Bakersfield, CA). Gerald Winerman, Administrative Law Judge.
Accident, Not Per Se Proof of Violation. An alleged violation of 3328(a) was set aside.
"8 Cal. Adm. Code 3328(a) requires machinery and equipment to be of adequate design and shall not be used or operated under conditions of speed, stresses, or loads which endanger employees. Although an accident occurred involving a piece of equipment at the site, the Division failed to show or present any evidence that the equipment was of inadequate design or was operated at a stress endangeri
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