Digest of COSHAB-ALJ's Decision dated November 23, 1983, Docket No. 83-R1D5-717 (South San Francisco, CA CA.) Adolf Loeb, Administrative Law Judge.
For Employer: James R. Hinson, dba Safety and Health Consultants. For DOSH: Joel Halverson, CSE.
This appeal was granted. The alleged violation of 1540(d) (excavation shoring) was vacated and the proposed civil penalty of $975 set aside.
Excavation, Establishing Depth. The Division issued a citation to Employer for a repeat/serious violation of 1540 (d), alleging that employees were observed working on an unshored excavation over five feet in depth.
The Employer testified that the excavation was appro
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