16,480R Dalton Construction Company

By: Cal-OSHA Decisions

A Corporation

Digest of COSHAB's Decision After Reconsideration dated February 21, 1986, Docket No. 83-R1D5-717. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.

The Appeals Board reversed the ALJ decision of November 23, 1983 (Digest 15,603), and denied Employer's appeal from a repeat/serious violation of 1540(d) (excavations), with $975 penalty.

Excavation, Depth, Asphalt Pavement and Base Rock to be Included in Measuring.

"...The evidence established that Employer had constructed an excavation in a street to install a sewer line. The Division safety engineer observed two employees working in the excavation which

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