11,157 Silva’s Pipeline, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated June 18, 1976, Docket No. 75-R2D6-466. H. W. Sherbourne, Administrative Law Judge.

[1] Excavations, Defined---[2] Penalties, Serious Violation, Reduction. This appeal established the existence of a repeat/serious violation of 1540(d). The $1,400 penalty proposed was reduced to $850.

(1) "The evidence establishes that the man-made cavity was an excavation as its width exceeded its depth. (Digest emphasis.)

"Section 1540(b), 8 Cal. Adm. Code, requires all excavations over five feet deep to be effectively guarded by a shoring system, sloping of the ground or other equivalent means. The sloping required by 1540(d

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