18,621 Action Painting Service, Inc.

By: Cal-OSHA Decisions

Summary of COSHAB-ALJ's decision dated September 14, 1994, Docket No. 93-R3D5-2407 (Maywood, CA). Manuel M. Melgoza, Administrative Law Judge. For Employer: Cynthia Dersh Schein, Attorney. For DOSH: Joseph Jones, Associate Safety Engineer.

Employer, sandblasting a large refinery tank in preparation for repainting, was cited following a complaint-based inspection for a serious violation. A penalty of $3,500 was proposed. Employer appealed, challenging the existence of the violation.

Appeal, Amendment Rejected. At the hearing, Employer attempted to amend its appeal to include the amount of the penalty as an issue. It claimed that, expecting the case to

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