16,496 California Erectors, Bay Area, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated March 6, 1986, Docket Nos. 85-R4D2-867 (Benicia, CA). Jonah Lebell, Administrative Law Judge.

For Employer: Robert D. Peterson, Attorney. For DOSH: Miguel A. Ortiz, Associate CSE.

An alleged violation of 1712(a) (reinforcing steel) was vacated, with $375 proposed penalty.

Evidence: Hearsay Insufficient Alone to Support Violation; Silence of Foreman Not Admission of Employment of Exposed Employee. The Division's engineer testified without contradiction that a welder was straddling a beam some six feet above protruding reinforcing steel bars (rebar). The only evidence that the welder was employed by Employer (a

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