EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Linsey Fashions - DAR

Mr. Bui was doing business as Linsey Fashion, manufacturing garments at the site on 5/7/96 when the Division inspected and found violations. At the hearing, Mr. Bui testified the he sold the business to Mr. Vu on 7/9/96. He produced a "bill of sale" and the Labor Commissioner's certificate issued to Mr. Vu on 8/13/96 as "Mr. Vu dba Lucky Sewing" and also an IRS change of address. Before the hearing, Mr. Vu sold the business to Ms. Huynh who was doing the same type of business at the site under the name "Linsey II Fashions" at the time of the hearing. Ms. Huynh employed Mr. Bui to manage the business. The Board holds that Mr. Bui failed to prove he was "no longer involved in control of the continuing business." Lefty's Pizza and Arcade Meats do not apply. The penalties were reinstated.

LINSEY FASHIONS 96-2695
April 18, 2001