EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of IT Corporation - Decision After Reconsideration

Employer did not mark the box to include existence of the violation as a ground for its appeal. At hearing, the ALJ said existence was being appealed. the Division did not object and presented evidence to prove existence, including asking the compliance officer what it would take for Employer to comply with the safety order. By these actions the Division waived its right to argue on reconsideration that existence of the violation was not before the Board. Since the Division failed to prove that any employee of Employer was exposed to the section 5143(c)(2) [collection of lead containing dust] violation and evidence was presented that proved that the violation occurred in 1997, the Board granted Employer's appeal.


IT CORPORATION 97-1175
August 29, 2001