Digest of COSHAB-ALJ's decision dated December 29, 1986, Docket No. 86-R1D3-811 (Santa Clara, CA). Dennis M. Sullivan, Administrative Law Judge.
For Employer: Paul Rosenstein, Attorney. For DOSH: Brian Brooks, Assistant CSE.
An alleged serious violation of 1540(f) (excavations) was vacated.
Employer's foreman was "a qualified person who is authorized to modify the shoring or sloping," and the excavation in question was under his immediate supervision. The Spanish-speaking foreman's "lack of fluency in English did not prove he was unfamiliar `with the operation to be performed and the hazards involved.'" His testimony was "formidable" evidence of h
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