17,162R Twin Oaks Engineering, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated August 13, 1987, Docket No. 86-R3D2-1111. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.

The Appeals Board reversed the ALJ decision of December 18, 1986 (Digest 16,935). Ordering reconsideration on its own motion, the Board granted Employer's appeal from an alleged serious violation of 1540(d) (excavations).

Employees were working at the base of a 17-foot embankment, pouring concrete tilt-up panels that were to form a building wall.

Section 1540(d) provides: "Employees who enter excavations 5 feet or more in depth shall be protected by a system of shoring, s

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