Digest of COSHAB-ALJ's decision dated August 24, 1977, Docket No. 76-R2D3-921. Ronald F. Peters, Administrative Law Judge.
For App: Ted E. Contri, President. For DIS: C. Duane Niesen, CSE.
Trenches, Division Must Prove Height to Width Ratio to Show Trenching Violation. Appellant was not in repeat serious violation of 8 Cal. Adm. Code 1541(a), a safety order requiring guarding in trenches that present the hazard of moving ground. A $1,600 civil penalty had been proposed by the Division.
"A `trench' is defined in 8 Cal. Adm. Code 1504(o) as an `excavation in which the depth exceeds the average width of its cross-section.' It is impossible to accura
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