EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Michael Paul Company - DAR

An employer may comply with the section 341.1(f)(3) duty to notify the nearest Division office before commencing an excavation, by FAX but "independent verifiable proof" of that fact is needed to prove compliance if the Division states that it did not receive the FAX. A violation of section 341.1(f)(3) was sustained.

MICHAEL PAUL COMPANY, INC. 97-3320
May 30, 2001