Digest of COSHAB-ALJ's decision dated September 29, 1980, Docket No. 80-R3D1-782 (Palo Alto, CA). Ronald F. Peters, Administrative Law Judge.
For Employer: James W. Diemer, Certified Safety Professional and Safety Management Consultant. For DOSH: William Loupe, CSE.
A serious violation of 1670(a) was established; the $375 proposed penalty was affirmed.
"The evidence is not in dispute. The only percipient witness testified credibly that the employee was within one foot of the edge of the ninth floor of a building under construction whose perimeter railing had been removed in order to accomplish the task he was involved in. He was not wearing a belt
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