Digest of COSHAB-ALJ's decision dated February 26, 1991, Docket No. 90-R2D2-1122 (San Ramon, CA). Dennis M. Sullivan, Administrative Law Judge.
For Employer: Edward Boyan, Owner. For DOSH: Michael D. Mason, Chief Counsel.
On a penalty-only appeal of a willful/serious violation of 1540 (d), the $7,000 proposed penalty was reduced to $3,500.
Employer was installing a storm sewer drain. It was cited because "employees, unprotected by a system of shoring, sloping, benching or other means, were directed by Employer to work in a trench exceeding 5 feet in depth."
Three days before the citation, a Division hygienist inspected the trench (which at that t
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