Digest of COSHAB-ALJ's decision dated March 16, 1978, Docket Nos. 77-R2D2-1064 and 1065. Paul G. Smith, Administrative Law Judge.
For App: Murphy Maier, Contract Administrator. For DIS: Roy Berg, CSE.
Penalty, Serious Violation, Reduced. Serious violations of 1540(a) and 1621(a) were established. The proposed penalty of $200 for the latter as affirmed but the $150 proposed for the other was reduced to $75.
"Even though Appellant was sure of the soil stability in the eight-foot vertical excavation after a reasonable examination thereof, Section 1540 read as a whole still requires shoring, sloping or the equivalent in excavations five feet or more
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