Digest of COSHAB-ALJ's decision dated November 20, 1980, Docket No. 80-R1D2-763 (San Jose, CA). Adolf Loeb, Administrative Law Judge.
For Employer: Paul S. Rosenstein, Attorney at Law. For DOSH: Paul Wotman, Attorney, Legal Unit.
Employee Exposure, Employee Standing in Part of Unshored Trench Less Than Five Feet Deep. A repeated/serious violation of 1541(a) was established; the $400 proposed penalty was affirmed.
"Although there was a sharp conflict in the testimony concerning the condition of the trench and the place in the trench where the employee stood, it is unnecessary to resolve this conflict as the safety order was violated based upon the
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