16,395 William P. Massey Company, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated December 4, 1985, Docket No. 85-R5D3-982 (Bakersfield, CA). Gerald Winerman, Administrative Law Judge.

For Employer: Gary Ewens, General Manager. For DOSH: Glenn Yeoman, Associate CSE.

A $375 penalty for a serious violation of 1621(a) (railings and toeboards) was affirmed. Employer appealed only the penalty.

Penalty, Against Subcontractor, Noncompliance by General Contractor Does Not Mitigate. Employer, a drywall subcontractor, was charged with having two employees working on a suspended runway without guardrails. Employer contended that the general contractor had agreed to leave guardrails in place, removing t

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