16,349R R. Burke Corporation

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated October 25, 1985, Docket Nos. 83-R5D4-1207 and 84-R5D4-206. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.

The Appeals Board affirmed in part and reversed in part the ALJ decision of July 10, 1984 (Digest 15,815). Employer had petitioned for reconsideration of a repeat/serious violation of 1540(d) (excavations, general), with $1,300 penalty. The Board denied Employer's appeal, and reversed the ALJ's ruling insofar as it set aside a second instance of the charged violation. On its own motion, the Board reconsidered another citation for repeat/serious violation of

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