Digest of COSHAB-ALJ's decision dated June 18, 1990, Docket No. 89-R1D5-510 (Saratoga, CA). Adolf Loeb, Administrative Law Judge.
For Employer: Mike Kirkley, General Manager. For DOSH: Stephan Williams, CSE.
A regulatory violation of 341.1(e)(2) (excavation permits) was affirmed, but the ALJ reduced the penalty from $250 to $50. (Employer had not appealed the reasonableness of the penalty. The ALJ amended the Notice of Appeal on his own motion, nunc pro tunc to the date Employer appealed the citation, to add that issue.)
Employer held an annual excavation permit, subject to a requirement of reporting to the Division the fact that digging will begi
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