LIABILITY OF PUBLIC WORKS INSPECTORS FOR INJURY CAUSED BY FAILURE TO SHORE TRENCHES OR EXCAVATIONS

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