Digest of COSHAB-ALJ's decision dated December 31, 1986, Petition Nos. P85-001/3/2 and P85-002/3/2 (Docket Nos. 84-R3D2-007 and 008). Robert A. Heron, Presiding Administrative Law Judge.
For Petitioner: Robert D. Peterson, Attorney. For DOSH: Allan L. Coie, Staff Counsel.
Employer's petitions for $9,426.26 in costs for successfully defending against two alleged serious violations of the confined spaces safety orders (Digest 16,032) were denied. Employer must show not only that it was the prevailing party, but that the Division acted arbitrarily or capriciously in issuing a citation.
It was ruled that the Division acted reasonably and in good fait
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