10,361 Ernest W. Hahn, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's decision dated March 27, 1975, Docket No. 74-R5D3-551. Ford B. Ford, Chairman; Monroe Browne and Gerald Shearin, Members. Leonard Goldstein, Senior Hearing Officer.

1539 Ineffective as a Matter of Law. The appeal was granted and the citation alleging a single nonserious violation dismissed. No penalty had been proposed.

Appellant, the general contractor, had been cited for an alleged failure to obtain an excavation permit for an excavation over five feet deep into which workmen were required to enter, in violation of T8 CAC 1539. The excavation was sloped to 3/4:1 and the Division Field Engineer determined that it was safe. After

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