Digest of COSHAB-ALJ's decision dated November 10, 1981, Docket No. 81-R1D3-817 (San Jose, CA). Adolf Loeb, Administrative Law Judge.
For Employer: Bruce V. Weitzen, Attorney at Law. For DOSH: G. Ben Edgar Jr., CSE.
This appeal was denied. A serious violation of 1540(d) (sloping of excavation) and a penalty of $125 were established.
Shoring or Sloping, Inadequate. Section 1540(d) requires that sloping of excavations, in lieu of shoring, be 3/4 horizontal to one vertical.
"The safety engineer testified the excavation was 15 feet wide at the top, 8 1/2 feet deep and the width at the bottom was five feet. The sides were sloped but were not sloped to
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