19,993 Azteca Construction Co.

By: Cal-OSHA Decisions

28 COR 40-4336 [19,993]

EXCAVATIONS - CAVE-IN PROTECTION

CAL. CODE REGS, tit. 8, 1541.1(a)(1) (2001) - Employees worked in an unprotected excavation exceeding 5 feet in depth, in Type B soil.

SERIOUS VIOLATION - EMPLOYER KNOWLEDGE

Employer's lead man, in charge in the absence of the superintendent or foreman, had sufficient delegated authority to class him as a member of management for the purpose of the employer knowledge element of a serious violation. He could have discovered the violative condition with reasonable diligence, since it was in plain sight.

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Summary of COSHAB-ALJ's decision dated March 6, 2001, Docket Nos. 99-R2D1-3023 and 3

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