Translate
Violation Detail
Standard Cited: 19260651 K01 Specific Excavation Requirements.
Inspection Nr: 1391226.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $72,930.00
Current Penalty: $36,200.00
Issuance Date: 07/26/2019
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 09/12/2019
Gravity: 10
Report ID: 0522000
Contest Date:
Final Order: 08/14/2019
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 08/14/2019 | $36,200.00 | 09/12/2019 | Serious | |
| Penalty | Z: Issued | 07/26/2019 | $72,930.00 | 09/12/2019 | Repeat |
Text For Citation: 01 Item/Group: 001 Hazard:
29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated. On April 6, 2019, located on lot # 9 the north side of a new residential exterior structure, employees were exposed to cave-in hazards as there were no inspections conducted by a competent person to evaluate for the need of protective systems prior to employees entry into the excavation. The Payne Enterprises, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(1), which was contained in OSHA inspection number 1317617, citation number 2, item number 1, and was affirmed as a final order on 9/21/2018, with respect to a workplace located at 1748 Springmeadow Dr., Xenia, OH 45385. The Payne Enterprises, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(1), which was contained in OSHA inspection number 1317617, citation number 1, item number 3, and was affirmed as a final order on 9/21/2018, with respect to a workplace located at 1727 Windy Run Blvd., Centerville, OH 45458. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.