OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Sierra National Construction, Inc. - Decision After Reconsideration

A foreman entered an 8+foot deep manhole excavation. The Division compliance officer arrived after the foreman exited the excavation. From the presence of the hole and pipes in the excavation walls, the fact that shores lying by the excavation wouldn't extend far enough to reach from wall to wall, and the lack of shoring marks on the walls, the compliance officer concluded that shores hadn't been used when the foreman entered. He issued a repeat/serious violation of section 1541.1(a)(1). Employer's contention that the pipes had been exposed and the configuration of the excavation changed by sloughing after entry were not supported by photos showing no evidence of substantial sloughing accumulation in the bottom of the excavation. The violation was upheld by the ALJ.

SIERRA NATIONAL CONSTRUCTION, INC. 98-2447
July 12, 2001