Summary of COSHAB-ALJ's decision dated July 22, 1991, Docket No. 91-R2D5-200 (Visalia, CA). Dennis M. Sullivan, Administrative Law Judge. For Employer: Bill Nelson, Vice President and Partner. For DOSH: Matt Costa Jr., Associate Safety Engineer.
A regulatory violation of 341(a)(1) and $250 penalty were affirmed against Employer, a general engineering contractor, after a complaint investigation showed that Employer had excavated a trench more than five feet deep in which employees were working, without obtaining an excavation permit from the Division. Employer's defense was based on the fact that Cal-OSHA enforcement had been out of business for a yea
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