15,761R Zapata Constructors, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated May 31, 1984, Docket No. 80-R4D3-284. Elaine W. Donaldson, Chairman; L. A. Harrington, Member.

The Appeals Board affirmed a repeat/general violation of 1541(e)(4) (trenches), holding that the cited section is not unconstitutionally vague and ambiguous and rejecting arguments opposing the repeat character of the violation.

Safety Orders, Reasonable and Practical Construction to be Sought, Test of Definiteness---Shoring, Requirements.

"Employer contends that the cited safety order is unconstitutionally vague and ambiguous. Section 1541(e)(4) provides as follows:

"`(4) The minimum number of hor

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