49 COR 40-961 [¶23,399]
EXCAVATION PROTECTIVE SYSTEM Title 8, California Code of Regulations, §1541(j)(2) – The proffered evidence established Employer failed to ensure that material was not protected from falling into the excavation by a retaining device or other methods. SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432 (c) – Citation 1, Item 2 was properly classified as Serious. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Item 1, and Item 2 were affirmed, and penalties were assessed for a total of $3,375.Digest of COSHAB ALJ’s Decision dated March 20, 2026, Inspection No. 1547223 (Vernon)
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