SHIMMICK CONSTRUCTION CO., INC./OBAYASHI CORPORATION JV: jurisdiction, statute of limitations, 6317, construction, excavations, protective systems, registered professional engineer, 1541.1(c)(4), shoring pit, willful, 334(e), trench, 1541.1(a), 1541.1(b), 1541.1(c)


48 COR 40-8357 [¶23,080R]

JURISDICTION – STATUTE OF LIMITATIONS Labor Code § 6317 (2020) – The Division issued the citation within six months of the occurrence of the violation, based on the earliest date the violation ceased, i.e. the date an order prohibiting use was removed and work was allowed to resume in an excavation. CONSTRUCTION SAFETY ORDERS – EXCAVATIONS, REQUIREMENTS FOR PROTECTIVE SYSTEMS, APPROVAL OF REGISTERED PROFESSIONAL ENGINEER Cal. Code Regs, tit. 8, § 1541.1(c)(4) (2020) – The Appeals Board held that the ALJ correctly determined Employer modified the protective system of a shoring pit without consulting a registered professional engineer, and employees were exposed to the violative condition. VIOLATION – WILLFUL CLASSIFICATION Cal. Code Regs, tit. 8, § 334(e) (2020) – The Division established Employer’s awareness of the applicable standard, and of a dangerous condition, with respect to a willful violation.

Digest of COSHAB’s Denial of Petition for Reconsideration and Order After Remand dated December 23, 2020, Inspection No. 315525790; Formerly Docket No. 12-R3D1-0781.


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