Summary of COSHAB-ALJ's decision dated August 11, 1997, Docket No. 96-R2D2-986 (Modesto, CA). Bref French, Administrative Law Judge. For Employer: Robert Peterson, Attorney. For DOSH: A. Margaret Cloudt, Staff Attorney.
A cannery and fruit processing facility operated by Employer was inspected following an accident. A citation was issued for a serious violation and a $5,000 penalty was proposed. Employer's appeal contested the violation and penalty, and also argued that the citation was not issued timely or within the six month statute of limitations and that the violation arose from an employee independent act.
Citation, Reasonable Promptness and St
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