13,049 Underground Construction Co., Inc.

Digest of COSHAB-ALJ's decision dated December 22, 1978, Docket No. 78-R2D1-980. August F. Cetti, Administrative Law Judge.

For App: T. K. McManus, Jr., Secretary. For DIS: BillRummell, CSE.

Excavation: Failure to Slope or Shore [repeat serious violation, $2,100 penalty affirmed]; Hazard of Moving Ground, Explained---Violation, Repeat, Factual Similarity of Violations, Excavations v. Trenches. A repeat serious violation of 1541(a) was established. The $2,100 proposed penalty was affirmed.

"The Division presented evidence that Appellant had been cited for the violation of the same safety standard, 8 Cal. Adm. Code 1541(a), on two prior occasions