June 18, 1991
| MEMORANDUM FOR: |
JAMES W. STANLEY REGIONAL ADMINISTRATOR, II
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| FROM: |
PATRICIA K. CLARK, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS
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| SUBJECT: |
Review Commission Decisions |
The following Review Commission Decision(s) are being forwarded to you for
your information and reference should further legal action result.
Spancrete Northeast, Inc., Docket No. 86-521
This Commission reversed the ALJ's decision, affirming a serious and
repeated violation of 1926.500(d)(1) with a penalty of $800. The greater
hazard defense was knocked down because the company failed to prove all three
elements.
The Commission made the order conditional to give the employer time
to prepare arguments addressing the characterization of the violation and
assessed penalty.
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