Digest of COSHAB-ALJ's decision dated January 5, 1981, Docket Nos. 80-R2D1-1156 thru 1158 (San Francisco, CA). Adolf Loeb, Administrative Law Judge.
For Employer: Michael C. Jonas, Attorney. For DOSH: Bill Rummell, CSE.
This appeal was granted. A general violation of 1540(i), a serious violation of 1540(j) and a penalty of $350, and a repeat/serious violation of 1541(a) and a penalty of $700 were vacated.
Excavations, Access, Required if Over Five Feet Deep---Safety Order, Ambiguous.
Section 1540(i) requires that convenient and safe means shall be required to enter and leave any excavated work area.
"The safety engineer testified that two holes
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