Digest of COSHAB-ALJ's decision dated April 16, 1979, Docket No. 78-R2D2-887. Paul G. Smith, Administrative Law Judge.
For App: Thomas P. McGuire, Attorney. For DOSH: Roy Berg, CSE.
Excavations, Improperly Measured by DOSH. An alleged repeated serious violation of 1540(d) and the proposed $1,800 penalty were set aside. At the close of the Division's evidence. Employer moved for dismissal. The Judge held Division's depth measurements to be inaccurate because they were not made vertically. The proof was insufficient that employees were exposed to an excavation that was sloped at least 3/4 horizontal to one vertical.
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