16,526R A. A. Portanova & Sons, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated March 19, 1986, Docket No. 83-R5D4-891. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.

The Appeals Board affirmed the ALJ decision of April 30, 1984 (Digest 15,730). The Board denied Employer's appeal from a serious/repeat/willful violation of 1540(d) (excavations), with $10,000 penalty.

Excavation, Unprotected, Depth Not Reduced by Pipeline Installation.

"The evidence established that Employer was preparing to install a lateral pipeline in an eight foot trench... An existing 24 inch pipeline running north and south was exposed at the bottom of the west end o

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