Occupational Safety and Health Appeals Board

Summary of J. F. Shea Const. – Decision After Reconsideration

Employer was cited for an alleged violation of Title 8, California Code of Regulations section 5291(b) [firing a blast without giving warning].  After a hearing the ALJ upheld the citation but reduced the classification from serious to general and adjusted the penalty.  Upon reconsideration the Board held that the ALJ had made a legal error by reading a term into the regulation which is not in its text, and granted the appeal.

J. F. SHEA CONST., 02-801 (MS Word)
J. F. SHEA CONST., 02-801 (Adobe Acrobat)

November 2, 2007