Digest of COSHAB's Decision After Reconsideration dated November 19, 1983, Docket No. 81-R3D1-810. Harold Mitchell, Chairman; Mark K. Bowers and Charles Manfred, Members.
The ALJ's June 21, 1982, Decision (Digest 15,039) was reversed. The Employer's appeal from a serious violation of 1540(1) (excavations adjacent to structures) and the $165 penalty was granted. The Employer filed the Petition; the Division filed an Answer.
Excavation, Precaution Near Structures. 1540(l) (now 1540(j)) provided in part that "no excavation shall take place below the level of the base of an adjacent foundation, retaining wall, or other structure until it has been determ
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