The employer is contesting a serious citation in two parts, an other-than-serious citation, and a penalty of $8,465. The serious citation is for the alleged violations of Sec. 5(a)(1) of the Occupational Safety and Health Act of 1970 (the general duty clause), for failure to furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees; and 29 C.F.R. 1910.212(a)(1), for failure to provide machine guarding to protect operators and other employees from hazards created by moving parts. The other-than-serious citation ...
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