Digest of COSHAB's Decision After Reconsideration dated October 3, 1984, Docket No. 79-R2D4-672. Elaine W. Donaldson, Chairman; L. A. Harrington, Member.
The Appeals Board affirmed the ALJ decision of October 10, 1979 (Digest 13,065R) and granted (over the Division's petition for reconsideration) Employer's appeal of an alleged serious violation of former 1540(c)(4). The Board held that Employer was entitled to the benefit of the later amendment and reenactment of the cited safety order as 1540(a)(6)(A): the Board held the latter order precluded the Division from challenging the certification by a registered civil engineer of an alternate shoring and
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