11,805 Fred Julien And

By: Cal-OSHA Decisions

ASSOCIATES

Digest of COSHAB-ALJ's decision dated April 22, 1977, Docket Nos. 76-R3D3-1277, 1278 and 1279. Marilyn L. Nelson, Administrative Law Judge.

For App: Ogle, Gallo, and Merzon, Attorneys at Law, by Joseph T. Melone. For DIS: Jerry Habeck, CSE.

[1] Excavations and Trenches, Failure to Guard Against Moving Ground [serious violations]---[2] Violations, Serious, Willful Defined. A serious violation of 1541(a) was affirmed as charged. A second instance alleged to be a serious/willful violation of this same section was held to be serious only. Two nonserious violations were affirmed and two were vacated. Of the total proposed penalties of $9,200

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