16,767R Peck & Hiller

By: Cal-OSHA Decisions

Digest of COSHAB's Order Setting Aside the Decision and Remanding for Decision on the Merits dated August 20, 1986, Docket No. 86-R3D1-068. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.

The Appeals Board set aside the ALJ decision of August 1, 1986 (Digest 16,743), insofar as it found a lack of jurisdiction over an alleged serious violation of 1644(a)(5) (metal scaffolds), and remanded it for decision on the merits. (The Board's action did not affect the ALJ's affirmance of a serious violation of 1621(a) (railings and toeboards) in the same decision.)

Appeal Procedure: Pleading, Substance to Control Over Form; Divi

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