Digest of COSHAB's Decision After Reconsideration dated July 27, 1987, Docket No. 84-R1D2-308. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.
The Appeals Board reversed the ALJ decision of November 26, 1984 (Digest 15,960) and denied Employer's appeal from a repeat/serious violation of 1540(d). Reconsideration was on the Board's own motion. The Board affirmed the proposed $1,100 penalty (not ruled on by the ALJ in vacating the violation).
The ALJ had sustained a defense of independent employee action. Employer had sent a "short crew" consisting of two laborers and an operating engineer to finish laying pipe in a nine
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