17,382 Robert Mc Mullan & Son, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated May 8, 1990, Docket No. 89-R3D2-532 (San Diego, CA). Jonah Lebell, Administrative Law Judge.

For Employer: Kenneth R. McMullen, Vice President and General Counsel. For DOSH: Ronald Martin, Associate CSE.

A violation of 1632(k)(1) (wall openings to be guarded) was reduced from serious to general; the proposed $375 penalty was vacated.

Employer, a painting contractor, was working inside a highrise hotel under construction. The Division's engineer saw an apprentice painter, employed by Employer, working in a 14th-floor room. "She was working a foot or two from a window opening which had no protection other than a

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