Digest of COSHAB-ALJ's decision dated January 23, 1986, Docket Nos. 86-R5D3-831 (Long Beach, CA). Adolf Loeb, Administrative Law Judge.
For Employer: Bob Berry, Vice President. For DOSH: Ramesh Gupta, CSE.
A general violation of 1540(e)(1) (excavations) was affirmed. Employees worked in a trench with piles of excavated spoil at the edges and extending back 2-1/2 to three feet. Heights of the piles (on which Employer and the Division disagreed) were irrelevant to existence of a violation: no spoil is permitted within a foot from the edge of a four-foot trench.
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