INC.
Digest of COSHAB's Decision After Reconsideration dated September 1, 1987, Docket No. 84-R4D1-1080. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.
The Appeals Board affirmed in part and reversed in part the ALJ decision of May 31, 1985 (Digest 16,189). The Board reduced a violation of 1540(d) (excavations) from repeat/serious to serious, and reduced the penalty from $1,050 to $470.
An employee entered a trench, eight feet deep, before it was shored. The Board rejected Employer's argument that it could not, with reasonable diligence, have known of the violation.
"The superintendent was aware that the trench d
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