Digest of COSHAB-ALJ's decision dated January 21, 1987, Docket Nos. 86-R1D2-899 and 900 (Benicia, CA). Amos P. Freeman, Administrative Law Judge.
For Employer: Charles A. Fletcher, Safety Director. For DOSH: Helen Hoban Rogers, Legal Counsel.
Alleged violations of 3638(a) and (d) (performance ratings, elevating work platforms) were vacated on grounds that the Federal Mine Safety and Health Administration had jurisdiction of safety and health matters in Employer's workplace and was actively exercising it. (Employer was a subcontractor in a Kaiser Cement plant, making it an "operator" of a "mine" under federal regulations).
The Division relied on Tro
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