Digest of COSHAB-ALJ's decision dated August 18, 1986, Docket No. 85-R1D2-1762 (San Francisco, CA). Elise Manders, Administrative Law Judge.
For Employer: Michael C. Jonas, Attorney. For DOSH: Frank Morse, Associate CSE.
An alleged general violation of 1540(d) (excavations) was vacated.
Excavations, Unprotected--Independent Employee Action, Defense Prevails.
Employer was trenching for underground utility lines at a university housing project. The parties stipulated that "an employee was working in a 68 inch deep excavation with nearly vertical walls, and there was no shoring or other allowable method of protection." The employee in question test
Read More...