Summary of COSHAB-ALJ's decision dated October 18, 1991, Docket Nos. 91-R3D5-621 and 622 (Huntington Beach, CA). Jonah Lebell, Administrative Law Judge. For Employer: Thomas M. Hasse, General Manager. For DOSH: A. Margaret Cloudt, Staff Counsel.
A citation for a serious violation of 1540(d) was issued to Employer after a complaint inspection. A $350 penalty was proposed. Employees were installing footing forms at a vertical side of a seven-foot excavation. The forms were being constructed within one to one and one-half feet of the unshored vertical earth. Regardless of the stability of the soil, 1540(d) requires shoring or an alternative method of pr
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