14,982 Underground Construction

By: Cal-OSHA Decisions

COMPANY, INC.

Digest of COSHAB-ALJ's Decision dated May 19, 1982, Docket No. 82-R1D5-058 (San Leandro, CA). August F. Cetti, Administrative Law Judge.

For Employer: Ed Bovee, Safety Engineer. For DOSH: Stephan A. Williams, Associate CSE.

On appeal, the existence of a general violation of 8616 (b)(1)(A) (air safety and ventilation in manhole or unvented vault) was affirmed.

The ALJ rejected Employer's argument that the telephone manhole vault was "naturally vented" and also rejected Employer's defense of employee independent action as being inadequately evidenced; it was not clear that the employee was aware of Employer's requirements. The ALJ fu

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