16,189 Macco Constructors, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated May 31, 1985, Docket No. 84-R4D1-1080 (Paramount, CA). Jonah Lebell, Administrative Law Judge.

For Employer: Robert D. Peterson, Attorney. For DOSH: Vincent Ruiz, Graduate Legal Assistant.

A repeat/serious violation of 1540(d) (excavations general) was affirmed, with $1,050 penalty.

Violation, Serious, Knowledge Established when Supervisory Employees at Site but Not at Unshored Trench---Excavations, Supervision of Employees, Failure to Exercise Reasonable Diligence---Violation, Repeat, Evidence Sufficient to Support Hearsay Exception. Employer admitted that a pipe-fitter was in an unshored trench in violation

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