17,452 Nielsen Construction Company

By: Cal-OSHA Decisions

Digest of COSHAB-ALJ's decision dated July 26, 1990, Docket No. 90-R4D4-117 and 118 (Irvine, CA). Jacqueline S. Drucker, Administrative Law Judge.

For Employer: J. Robert Harrell, Safety Consultant. For DOSH: Joan G. Nareau, attorney.

An alleged general violation was vacated. A serious violation was affirmed, with penalty reduced from $635 to $425.

Floor Openings, Guarding (1632(b)). Alleged general violation vacated. An elevator pit 53 inches deep had neither guardrails nor a cover. The safety order does not refer, as some orders do, to a minimum 17-1/2-foot fall distance, so Employer relied erroneously on that distance as a defense.

"However, t

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