10,359 Walter C. Smith Co., Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's decision dated March 18, 1975, Docket No. 74-R3D1-854. Ford B. Ford, Chairman; Monroe Browne and Gerald Shearin, Members. Paul F. Dauer, Presiding Hearing Officer.

Employer, Under Cal-OSH Act---Employer, Criteria. The appeal was denied and a citation alleging two nonserious violations of T8 CAC was affirmed along with aggregate penalties of $155.

Appellant's basis for appeal was that the members of the boring crew exposed to the excavation hazard were employees of the general contractor and therefore not employees of Appellant. It was established that the boring crew was at the site in order to operate equipment owned by the Appell

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