Digest of COSHAB-ALJ's Decision dated February 1, 1985, Docket No. 84-R4D2-272 (Santa Ana, CA). Ronald F. Peters, Administrative Law Judge.
For Employer: Chester E. Horton, Credit Manager. For DOSH: John M. Ford, CSE.
A regulatory violation of 341(a) (annual excavation permit) was affirmed.
Employer, an equipment rental company, supplied excavation equipment, with an operator and oiler, for a large construction project. Its employee was observed in an excavation about 12 feet deep. Employer had not obtained the required annual permit under 341(a) and it argued that its rental agreement contained a clause putting "exclusive control" in the lessee o
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