Digest of COSHAB-ALJ's decision dated January 3, 1978, Docket No. 77-R2D1-951. H. W. Sherbourne, Administrative Law Judge.
For App: Ron E. Fisher, President. For DIS: DonaldCunningham, CSE.
Appellant was found in serious violation of 8 Cal. Adm. Code 1541(a) where employees, supervised by a foreman, worked in an unshored and unsloped trench. The $1,100 proposed penalty was reduced to $900 based on the ALJ's opinion that the Division had overrated Appellant's prior poor safety history. Appellant had received a serious trenching violation two years earlier but was continually engaged in excavation and no longer employed the foreman or crew responsib
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