Digest of COSHAB's decision dated April 29, 1976, Docket No. 75-R5D1-678. Jonah Lebell, Administrative Law Judge.
Employer, Regard for Employee Safety. This appeal was denied. The alleged serious violation of 1541(d) (person shall be in safe position while working near trencher boom) was affirmed. The Appellant's employee was digging in the vicinity of a trencher boom. Appellant's foreman would, with the exercise of reasonable diligence, have known of the presence of the employee near the operating trencher boom.
". . . (T)he foreman and appellant's employee. . . (the deceased) were engaged in digging the trench at the time of the accident. They ha
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