Digest of COSHAB-ALJ's decision dated June 24, 1977, Docket Nos. 76-R2D5-1287 and 1288. Adolf Loeb, Administrative Law Judge.
For App: L. E. Boles, President. For DIS: William S. Tickle, District Manager.
[1] Employees Independent Act Against Orders, Burden of Proof---[2] Penalties, Serious Violation, Probability of Harm Determined Prospectively.
Appellant was engaged in trenching operations in order to lay water pipe. The trench was approximately 600 feet long and was less than five feet in depth except for three or four feet that had been excavated to a depth of seven or 7 1/2 feet. That portion was dug deeper to accommodate a sump pump that had
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