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LIABILITY OF PUBLIC WORKS INSPECTORS FOR INJURY CAUSED BY FAILURE TO SHORE TRENCHES OR EXCAVATIONS
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LIABILITY OF PUBLIC WORKS INSPECTORS FOR INJURY CAUSED BY FAILURE TO SHORE TRENCHES OR EXCAVATIONS
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1/3/2012 1:31:29 PM
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7/20/2010 11:55:43 AM
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Legal Opinions
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LIABILITY OF PUBLIC WORKS INSPECTORS FOR INJURY CAUSED BY FAILURE TO SHORE TRENCHES OR EXCAVATIONS
Date
10/12/1972
Agency
Public Works
Notes
OPINION 72-24
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Opinion No. 72-24 <br />Page 2 <br />for failure to inspect the shoring of <br />those trenches, where the injury is caused <br />by the contractors failure to shore the <br />trenches. <br />ANSWER 3: No. However, should the public employee be <br />named as a party defendant to a suit for <br />injury, the Chubb/Pacific Indemnity Group <br />policy will cover the defense and indemnity <br />of the City employee. <br />FACTS <br />The Construction Engineer for the City of Santa Ana <br />has requested this office for a ruling as to whether or not <br />Assembly Bill 1366, effective March 4, 1972, adding Section 6424 <br />to the State Labor Code, by its adoption, imposes personal liability <br />on City Inspectors for failure to inspect the shoring of trenches. <br />ANAI YSiS <br />As was correctly indicated by the Directow of Personnel, <br />in his memo dated November 6, 1972, "State Assembly Bill 1366 <br />does not add additional responsibility to the inspecting function. <br />It does add an additional responsibility to the Public Works <br />personnel who issue permits for sewer connections and storm <br />drains, that they include in the issuance of the permit, a copy <br />of extracts from the State Construction Safety Orders, dealing <br />with excavations and trenches." <br />Section 6424 of Division 5, Part 1, Chapter 1 of the <br />California State Labor Code, added by Stats. 1971, Chapter 1806, <br />Page 3908, Section 1, and amended by Stats. 1972, Chapter 1219, <br />Page Section 2, simply requires cities issuing permits, as <br />a con it~on precedent, to the construction of trenches or open <br />excavations which are five (5) feet or deeper and which conduct <br />on-site inspection during the construction of such trenches or <br />excavation to submit to each applicant for such permit, in writing, <br />the Division's safety orders relating to trenches and excavations <br />(Safety Orders 1540 and 1541 of Volume VIII, California Administra- <br />tive Code) for the purpose of informing the applicant of his <br />responsibility to provide adequate sheeting, shoring, and bracing <br />56 <br />
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