Digest of COSHAB-ALJ's Decision dated June 8, 1984, Docket Nos. 84-R5D3-130 and 131 (San Jose, CA). Douglas M. Phillips, Administrative Law Judge.
For Employer: Robert D. Peterson, Attorney. For DOSH: William V. Siener, Associate CSE.
Two violations of excavation safety orders, 1540(g)(1) and (d), one general and one serious (with $185 penalty for the latter) were affirmed.
Excavations, Depth Determines Access Means, Utility Trench Exception Found Inapplicable---Shoring or Sloping, 1540[d] Not Enforceable for Vagueness. Employees worked in an excavation that lacked "a convenient and safe means of access consisting of a stairway, ladder or ramp" as
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