38 COR 40-6589 [¶ 21,830]
EXCAVATIONS - PROTECTIVE SYSTEM
Cal. Code Regs, tit. 8, § 1541.1(a)(1) (2011) - The trench in which Employer’s employees were working did not have a protective system in place to protect the workers from a cave-in. The trench, which was less than five feet in depth, was not excavated entirely in stable rock.
EXCAVATIONS - RETAINING DEVICES
Cal. Code Regs, tit. 8, § 1541(j)(2) (2011) - A violation for failure to provide retaining devices in a trench, where excavated materials (spoils) were on the top edge of the trench, existed by operation of law.
VIOLATION - SERIOUS CLASSIFICATION
The Division failed to prove that there was a substantial probability of serious physical harm or death with respect to two citations. Both violations were reclassified as general.