EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of California Pipe Line, Inc. - DAR

The ALJ reduced the classification of a section 341(a)(1) excavation. permit violation from Willful/Regulatory to Regulatory. The Division filed a petition for reconsideration because the ALJ excluded the testimony of the District Manager whose name was not provided in response to a written request from Employer and denied the Division's alternative of a continuance. The Board upholds the ALJ's findings. The imposition of sanctions is within the ALJ's discretion under section 372.7 and the continuance denial was proper under section 376.1(f) [unforeseen emergency or non-appearance of subpoenaed witness if their testimony is material to the outcome of the case].

CALIFORNIA PIPE LINE, INC. 00-2739 DAR 4/3/02