Digest of COSHAB's Decision After Reconsideration dated October 26, 1984, Docket No. 79-R4D4-961. Elaine W. Donaldson, Chairman; L. A. Harrington and Alfred H. Song, Members.
The Appeals Board reversed the ALJ decision of December 20, 1979 (Digest 13,634) and granted Employer's appeal from a serious violation of 1541(e)(7) (now 1541(e)(1)) (trenches). The Board held that, the basis of the citation having been amended out of the safety order between the 1979 citation and the 1984 hearing, a violation could not be established.
Trenches, Bell or Pot Holes, Exception Retroactive---Safety Order, Amendment Retroactive.
"The evidence in this matter is n
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