Violation Detail
Standard Cited: 19260651 J01 Specific Excavation Requirements.
Inspection Nr: 1693184.015
Citation: 01001A
Citation Type: Serious
Abatement Status: Corrected During Inspection
Initial Penalty: $31,939.00
Current Penalty: $23,954.25
Issuance Date: 02/16/2024
Nr Instances: 1
Nr Exposed: 1
Abatement Date:
Gravity: 10
Report ID: 0317300
Contest Date: 03/05/2024
Final Order: 01/21/2025
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 01/21/2025 | $23,954.25 | Serious | ||
Penalty | C: Contested | 03/07/2024 | $31,939.00 | Repeat | ||
Penalty | Z: Issued | 02/16/2024 | $31,939.00 | Repeat |
Text For Citation: 01 Item/Group: 001A Hazard:
29 CFR 1926.651(j)(1): Adequate protection was not provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face: a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, employees were not protected from soil or rocks that could have entered the area where the employees means of egress was positioned inside the trench box. The trench box did not have plates on the end to prevent the soil from flowing into the work area where employees were installing a new sewer connection. Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 2a and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.