Digest of COSHAB-ALJ's decision dated June 19, 1986, Docket No. 85-R2D3-1746 (Yuba City, CA). Robert W. Farnsworth, Administrative Law Judge.
For Employer: Ben D. Ivy, Owner. For DOSH: William T. Brucker, Associate CSE.
A repeat/serious violation of 1540(d) (excavations) was affirmed, with $1,200 penalty.
Excavations, Employee Presence in Unprotected, Evidence of Precise Location Not Necessary. Employer, a general contractor, was installing a storm drain in a trench 7-1/2 feet deep at its deepest part. The trench was unshored, unbenched and unsloped. The Division's engineer arrived to inspect, and saw Employer's foreman helping another employee ou
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