Digest of COSHAB-ALJ's decision dated April 21, 1987, Docket Nos. 87-R1D5-048 and 049 (Santa Rosa, CA). Amos P. Freeman, Administrative Law Judge.
For Employer: Mike Cassidy, Owner. For DOSH: Michael A. Benjamin, Assistant CSE.
On a penalty-only appeal, a $260 penalty for a serious violation of 1540(d) (excavations) was affirmed. Employer admitted having employees in a trench more than five feet deep and conceded that the Division's penalty calculation was correct.
Employer's owner testified that the excavation was dug by an independent contractor who, by oversight, excavated beyond the 4-1/2 feet specified. Therefore, Employer contended it should
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