Digest of COSHAB's Decision After Reconsideration dated May 29, 1981, Docket Nos. 75-R5D2-1170, 1173 and 1175. Mark K. Bowers and Charles Manfred, Members.
The Board affirmed the decision of the ALJ dated September 30, 1976 (Digest 11,308), except: it reversed the serious violation of 1511(b) on the basis that the safety order was vague, ambiguous and unenforceable; and it reduced the $750 penalty for a serious violation of 1712(c) back down to the $550 originally assessed by the Division.
Constitutionality of the Statute.
The Board dismissed Employer's argument that all the citations be dismissed on the basis of the statute's unconstitutionality
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