39 COR 40-6697 [¶ 21,950]
EXCAVATIONS - SUBSURFACE INSTALLATIONS
Cal. Code Regs, tit. 8, § 1541(b)(3) (2011) - Employer did not pothole or take other safe measures to locate a water line while digging a trench. The Division established a serious, accident-related violation, but failed to establish a willful violation. The ALJ recalculated the penalty accordingly.
EXCAVATIONS - INSPECTION
Cal. Code Regs, tit. 8, § 1541(k)(2) (2011) - Employer’s foreman did not remove employees from a trench after he was alerted to the possibility of a water line. The Division established a serious, accident-related violation, but failed to establish a willful violation. The ALJ recalculated the penalty accordingly.