Digest of COSHAB-ALJ's decision dated June 3, 1991, Docket No. 90-R2D3-1358 (Yuba City, CA). Amos P. Freeman, Administrative Law Judge.
For Employer: Mukhtar Mohamme Dean. For DOSH: John Macfarlane, Associate Safety Engineer.
A serious violation of 4075(a) (guarding gears and sprockets) was affirmed, but the proposed $1,200 penalty was reduced to zero.
A helper in Employer's peach orchard lost three fingers of his left hand in the unguarded chain-and-sprocket drive of a harvesting machine. The safety order requires guarding of such drives located at heights of seven feet or less.
The admitted violation was serious. The Division established that
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