49 COR 40-8991 [¶23,365]
CODE OF SAFE PRACTICES Title 8, California Code of Regulations, §1509(a) – The Division established that Employer did not adopt a Code of Safe Practices which related to excavation operations performed at the jobsite. THOROUGH SURVEY Title 8, California Code of Regulations, §1511(b) – The Division established that Employer failed to conduct a thorough survey. EMERGENCY SERVICES CONTACT INFORMATION Title 8, California Code of Regulations, §1512(e) – The proffered evidence showed Employer provided a satisfactory communication system for contacting emergency services. Citation 1, Item 3, was vacated. EXCAVATION PROTECTIVE SYSTEM Title 8, California Code of Regulations, §1541.1(a) – The proffered evidence established Employer failed to ensure each employee in an excavation was protected from cave-ins by an adequate protective system. SLOPING and BENCHING SYSTEMS Title 8, California Code of Regulations, §1541.1(b) – The proffered evidence showed the Employer failed to select and construct slopes and configurations of sloping and benching systems. Citation 3 was vacated as it was duplicative of Citation 2. SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432 (c) – Citation 2 was properly classified as Serious. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Item 3, and Citation 3 were vacated. Citation 1, Items 1 and 2, and Citation 2 were affirmed, and penalties were assessed for a total of $7,685.Digest of COSHAB ALJ’s Decision dated Oct. 3, 2025, Inspection No. 1296297 (San Diego)
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