16,988 Lewis & Tibbitts

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated January 29, 1987, Docket No. 86-R1D4-708 (Fremont, CA). Elise Manders, Administrative Law Judge.

For Employer: Richard Silva, Superintendent. For DOSH: A. Margaret Cloudt, Attorney.

A serious violation of 1540(b)(2) (excavations) was affirmed, with $250 penalty.

The safety order requires finding "the exact location" of underground power lines before proceeding with an excavation. Employer's backhoe operator knew he was working near a power line; he had worked at the site twice before, and on those occasions a laborer had located the underground line with a probe. This time, however, "the backhoe operator appar

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