14,330R Department Of Transportation

By: Cal-OSHA Decisions

STATE OF CALIFORNIA

Digest of COSHAB's Decision After Reconsideration dated February 26, 1981, Docket Nos. 78-R2D9-1594 and 1596. Harold Mitchell, Chairman; Mark K. Bowers and Charles Manfred, Members.

The decision of the ALJ dated June 20, 1979, granting the appeal was upheld. Alleged general violations of 8470(c)(2), 8470(b), 8415(a) and 8483(d) and an alleged serious violation of 8470(a) (all Tunnel Safety Orders) were vacated.

Tunnel Safety Orders, Not Applicable to Maintenance of Public Highway Tunnel.

"Employer was engaged in the removal of loose rock (scaling) from the interior surface of a 1,187 foot long highway tunnel (Elephant Butte T

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