Digest of COSHAB's Decision After Reconsideration dated September 15, 1999, Docket Nos. 95-R5D2-3234 and 3235. James P. Gazdecki, Chairman; Bill Duplissea, Member.
The Appeals Board affirmed the ALJ decision of January 11, 1999 [Digest 19,484], establishing violations but assessing no civil penalties.
Employer received an inspection at its Metro Rail job site and was cited by the Division. Employer appealed, and at the ALJ hearing, "Employer moved for a determination that the Division was without jurisdiction to cite Employer since Fed OSHA also exercised jurisdiction at the site. Since this identical issue was already before the Board in a companion
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