EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of The Herrick Corporation (Amended) - decision after reconsideration

Pursuant to a Peremptory Writ of Mandate issued November 11, 2005 by the Sacramento Superior Court, the Board set aside and vacated the portion of the Decision After Reconsideration issued March 28, 2001 finding that the violation of section 1632(b) was a repeat violation. Also, the Board held that the conduct of the earlier violation must have occurred within a period of 3 years immediately preceding the conduct resulting in the later violation for purposes of section 334(d)(1).

The Herrick Corporation (Amended), 97-2604 version

February 14, 2006