Digest of COSHAB-ALJ's decision dated March 23, 1987, Docket Nos. 86-R1D5-975 and 976 (So. San Francisco, CA). Elise Manders, Administrative Law Judge.
For Employer: Robert D. Peterson, Attorney. For DOSH: Ron E. Medeiros, Attorney.
General violations of 1540(g)(2) (excavations) and 1540(d) were vacated. The latter was charged as a second repeat. Employer admitted both violations but successfully raised the independent employee action defense.
During the foreman's absence from the site of a sewer repair job, an employee entered a trench, about six feet deep, in which there was no access ladder (subsection (g)(2) and which was not shored or otherwi
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