Digest of COSHAB-ALJ's Decision dated February 19, 1982, Docket Nos. 81-R1D1-1091 and 1092 (San Jose, CA). August F. Cetti, Administrative Law Judge.
For Employer: Robert D. Peterson, Attorney. For DOSH: Frank J. Kielian, District Supervisor.
These appeals were granted. The ALJ set aside the alleged serious violation of 1541(a) (guarding on trenches) and its $210 penalty on finding the alleged trench was not a trench but an excavation. An alleged serious violation of 1540(g) (supervision at excavation work) and its $20 penalty were also vacated.
Citations, Excavation v. Trench. 1504 defines an "excavation" as a man-made cavity or depression in the
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