Digest of COSHAB's Decision After Reconsideration dated March 31, 1983, Docket No. 75-R1D3-938. Mark K. Bowers and Charles Manfred, Members.
The Board affirmed the ALJ's Decision of March 14, 1977 (Digest 11,713), thus denying Employer's appeal of a repeat/serious violation of 1621(a) (guardrailings). The Board rejected Employer's offer of "newly discovered evidence."
Evidence, "Newly Discovered," Employee Declaration, Rejected.
"Employer argues, as it did at the hearing, that the employee was erecting a scaffold, which was work of limited duration and thus comes within the exemption allowed by 1637(a). The evidence supporting Employer's contentio
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