Digest of COSHAB-ALJ's decision dated October 8, 1986, Docket No. 86-R5D4-606 (Camarillo, CA). Gerald Winerman, Administrative Law Judge.
For Employer: Robert E. Taylor, President. For DOSH: George R. MacDonald, Associate CSE.
An alleged repeat/serious violation of 1540(d) (excavations) was vacated.
Independent Employee Act, Defense Prevails Against Repeat/Serious Charge.
Employer, a pipeline excavator, was charged with a repeat/serious violation.
"8 Cal. Adm. Code 1540(d) requires employees who enter excavations five feet or more in depth to be protected by a system of shoring, sloping the ground, benching or other alternate means. The uncont
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