15,645 E. Gibbs & Sons, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's Decision dated January 6, 1984, Docket Nos. 83-R2D5-907 and 908 (Sanger, CA). August F. Cetti, Administrative Law Judge.

For Employer: Gary Gibbs, President and Manager. For DOSH: Robert P. Larsen, CSE.

This appeal was denied. Repeat/serious violations of 1540(e)(1) (spoil near trenches) and 1540(d) (shoring jack placement) with penalties of $40 and $400 respectively were established.

Excavation, Trenches or Earthworks: Spoil Close to Edge; Shoring. 1540(e)(1) requires that all debris and spoil be kept at least two feet from the edge of any trench five feet or deeper in which men are working.

"The weight of the evidence cl

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