Digest of COSHAB's Decision After Reconsideration dated November 30, 1981, Docket No. 78-R2D1-980. Harold Mitchell, Chairman; Mark K. Bowers and Charles Manfred, Members.
The Decision of the ALJ dated December 22, 1978 (Digest 13,049), establishing a repeat/serious violation of 1541(a) (guarding of trenches) and a penalty of $2,100, was affirmed.
Excavations, Trenches or Earthworks, Actual Hazard of Moving Ground Not Required for Violation.
"The evidence established that an employee was working in a trench six feet wide and 11 feet long, and varying in depth from 8 1/2 to nine feet. The trench had not been protected from the hazard of moving ground
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