Digest of COSHAB-ALJ's decision dated March 6, 1986, Docket Nos. 85-R3D2-740 and 741 (Jamul, CA). Jonah Lebell, Administrative Law Judge.
For Employer: James R. Hinson, Consultant. For DOSH: Katherine R. Wolff, Staff Counsel.
Three alleged violations of construction safety orders were affirmed; one was vacated. A violation of 1540(d) (excavations), admittedly serious, was affirmed as willful/serious, with $5,000 penalty.
Excavation, Spoil. Section 1540(e)(1) requires prevention of spoil (excavated material) from falling back into an area where employees are working, and forbids having spoil closer than two feet to the edge of any excavation more th
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