Digest of COSHAB-ALJ's decision dated May 1, 1986, Docket Nos. 85-R2D1-1353 and 1369 (Rancho Cordova, CA). Dennis M. Sullivan, Administrative Law Judge.
For Employer: Thomas P. Brown IV, Attorney. For DOSH: Frederick F. Fletcher, Associate CSE.
A violation of 1540(d) was reduced to general. A repeat/regulatory violation of 341.1(i)(2), requiring notice to the Division before starting certain excavations, was affirmed with a $40 penalty.
Excavation, Unprotected--Violation, Serious Classification Reduced, Leadman Not Proved to be Foreman with Knowledge Imputable to Employer--Independent Employee Action, Defense Rejected. An employee was seen working
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