16,780 C. R. Fedrick, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated August 29, 1986, Docket Nos. 85-R1D5-1351 and 1352 (Novato, CA). Amos P. Freeman, Administrative Law Judge.

For Employer: Gerald L. Wood, Vice President. For DOSH: Joel D. Halverson, Associate CSE.

A repeat/serious violation of 1540(d) (excavations) was affirmed, with $1,000 penalty.

Excavations, Unprotected. Employer was charged with having employees in an excavation more than five feet deep, unprotected by shoring, sloping or other approved means. The Division's engineer testified that he had measured the depths where employees were working as 5'3" and 5'8".

"Although Employer contended that none of the tre

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