Digest of COSHAB-ALJ's decision dated November 13, 1980, Docket Nos. 80-R3D5-1030 and 1031 (Bakersfield, CA). Douglas M. Phillips, Administrative Law Judge.
For Employer: Frank S. Vidal, President. For DOSH: Lyle A. Garratt, District Manager.
At the hearing, DOSH moved to amend the alleged violation of 1541(a) (trenches, guarding against moving ground) from serious/willful/repeat to an alleged serious/repeat violation and to reduce the proposed penalty from $8,750 to $2,500.
The Employer then withdrew its appeals of the alleged violation of 1541(a) and the alleged serious violation of 5158(c) (confined spaces--pre-entry testing of air) and the prop
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