Digest of COSHAB's Decision After Reconsideration dated March 13, 1986, Docket No. 84-R5D3-131. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.
The Appeals Board affirmed the ALJ decision of June 8, 1984 (Digest 15,771), denying the appeal from a serious violation of 1540(d) (excavations), with $185 penalty.
Excavation, Establishing Depth Over Conflicting Testimony, ALJ Determination of Witness Credibility Not Overcome.
"...The evidence established that the dimensions of an excavation at the site were approximately five feet in length by three and one-half feet wide. The Division's safety engineer determined the ex
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