17,485 Jonce Thomas Construction Company,

By: Cal-OSHA Decisions

INC.

Digest of COSHAB-ALJ's decision dated September 14, 1990, Docket No. 90-R1D3-081 (Fremont, CA). Adolf Loeb, Administrative Law Judge.

For Employer: Robert Peterson, Attorney. For DOSH: Nicholas Champlin, Attorney.

An alleged serious violation of 1632(k) (guarding wall openings) was vacated, with proposed $300 penalty.

A carpenter knelt near the perimeter of an apartment building under construction, nailing together the framework for a wall. When completed, the framework would be lifted and incorporated in the building. The carpenter was working without fall protection. The Division cited Employer for not having a rail across a wall opening.<</P>

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