18,221R Kenko, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's Decision After Reconsideration dated March 31, 1993, Docket No. 91-R3D3-1327. Elaine W. Donaldson, Chairman; Michael R. Monagan, Member.

The Board affirmed the ALJ decision of July 21, 1992 (Digest 18,021), upholding a repeat/serious violation of 1540(d) and a $2,600 penalty.

Employer was laying sewer pipe in a 12-foot-deep trench which had speed shores at the end of the installed portion of the pipe. The Division inspector testified he saw Employer's foreman and a laborer in the trench with shovels beyond the shored area who, he said, were discussing installing the next pipe segment and clearing dirt from the end of the last pipe

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