Digest of COSHAB-ALJ's Decision dated July 11, 1984, Docket No. 83-R4D2-900 (South El Monte, CA). Gerald Winerman, Administrative Law Judge.
For Employer: Michael Loya, Superintendent. For DOSH: Edson E. DeRouen, District Manager.
A serious violation of 1540(d) (general--all excavations) was affirmed, with a $110 penalty.
Excavations, Shoring, Sloping or Benching---Independent Employee Act, Defense Rejected. A carpenter's foreman entered an excavation more than five feet deep. The field superintendent was present while this occurred.
"Although there was a retaining wall on one side of the excavation, there was no showing as to how far the retaini
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