Digest of COSHAB-ALJ's decision dated January 22, 1987, Docket No. 86-R2D5-1201 (San Leandro, CA). Adolf Loeb, Administrative Law Judge.
For Employer: Robert McDowell, Corporate Risk Manager. For DOSH: Robert Larsen, CSE.
An alleged serious violation of 1540(d) (excavations) was vacated.
An employee was working in an excavation at a county jail construction site. It had only one wall, 18 feet high. The wall was not protected against moving earth.
Section 1540(d) was improperly cited in connection with this vertical "face". "Commencing at Section 1544 through Section 1547 are safety orders directed to working at or on the face of an excavation...
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