Digest of COSHAB's Decision After Reconsideration dated June 29, 1981, Docket No. 80-R3D5-911. Mark K. Bowers and Charles Manfred, Members.
The decision of the ALJ dated December 1, 1980, establishing a willful/serious violation of 1541(a) (trenches to be guarded against moving ground) and a penalty of $10,000 were affirmed.
Due Process, Amendment of Citation, No Prior Notice.
The Appeals Board first dealt with the Employer's claim of prejudice. The Division had amended the citation to allege a violation of 1541(a) rather than 1540(b) at the beginning of the hearing, and the Employer had not received prior notice of the change.
"Section 368(b), c
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