Digest of COSHAB-ALJ's decision dated December 20, 1976, Docket No. 76-R6D6-412. Ronald F. Peters, Administrative Law Judge.
Trenches, Guarding, Serious Violation, Stable Ground Mitigates Penalty Only. The Judge affirmed a serious violation of 1540(b). The related penalty was reduced.
"The weight of the evidence established that an employee of the Appellant was permitted to work in the bottom of the unguarded and unshored excavation in order to prepare it for the installation of shoring and that Appellant could have known that the employee was exposed to this hazard. A cave-in or earth movement could have resulted in the death of the employee althou
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