These inspections are only required when employee exposure can be reasonably anticipated. The evidence indicates by a preponderance that employees of defendant worked in the excavation made on April 15, 1993. Hand tools used by employees in the trench and footprints on the just uncovered soil at the bottom of the trench were observed by the OR-OSHA inspector. Defendant does not deny that employees worked in the excavation prior to inspection on April 15, 1993. Defendant's employees were exposed to the risk of cave-ins in the excavation made on April 15, 1993.
Defendant concedes that employee exposure was normal during such work activity.
He had the authority to take prompt corrective action as needed. However, Frazee was unfamiliar with safety rules and regulations applicable to defendant's excavation. In particular, Frazee did not know when, or what, protective measures were required for work in excavations and he was unfamiliar with the means of testing and classifying soil types. Frazee did not know the type of soil in which defendant was excavating. See Secretary of Labor v.