Digest of COSHAB's Decision After Reconsideration dated May 22, 1985, Docket No. 80-R3D3-068. Elaine W. Donaldson, Chairman; L. A. Harrington and Alfred H. Song, Members.
The Appeals Board affirmed the ALJ decision of April 8, 1980 (Digest 13,814) in finding a regulatory violation of 5214(d)(1) (inorganic arsenic), but reversed that decision in vacating the proposed $500 penalty. The Board relied on its Decision After Reconsideration one week earlier in Capri Manufacturing Co. (Digest 16,158R), holding that penalties for failure to make reports under the Occupational Carcinogens Control Act of 1976 may be deleted entirely on appeal but, where imposed
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