18,482R James A. De Silva, D.P.M.

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated February 3, 1994, Docket No. 91-R3D3-1235. Elaine W. Donaldson, Chairman; Bryan E. Carver, Member.

The Appeals Board affirmed in part and reversed in part the ALJ decision dated October 30, 1991 (Digest 18,091). It found that a violation of 5220(d)(2)(A) existed, but reclassified it from serious to general and set aside the $2,000 penalty.

Carcinogens, Initial Monitoring of EtO (5220(d)(2)(A)). Employer, a podiatrist, had employees who sterilized surgical instruments using ethylene oxide (EtO) in a closed canister. Division testing detected 2 parts per million (PPM) six inches from the steriliz

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