Digest of COSHAB's Decision After Reconsideration dated August 27, 1981, Docket Nos. 80-R3D2-1491 and 1492. Harold Mitchell, Chairman; Mark K. Bowers and Charles Manfred, Members.
The Decision of the ALJ (Digest 14,321) dated February 20, 1981, was reversed to the extent that a serious violation of 1540(g) (supervision of shoring work) was modified to general and its penalty of $75 set aside; and the $5 penalty for a serious violation of 1541(a) (guarding of trenches) was increased to $75. The Board rejected the defenses of independent employee action and unlikelihood of accident occurring.
Excavation, Qualified Supervision Required. Section 1540 (
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