Violation Detail
Standard Cited: 19260651 J02 Specific Excavation Requirements.
Inspection Nr: 1839739.015
Citation: 01002
Citation Type: Repeat
Abatement Status: Abatement Completed
Initial Penalty: $27,804.00
Current Penalty: $22,243.20
Issuance Date: 12/15/2025
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 01/12/2026
Gravity: 10
Report ID: 0729700
Contest Date:
Final Order: 01/08/2026
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 | 01/08/2026 | $22,243.20 | 01/12/2026 | Repeat | |
| Penalty | Z: Issued | 12/15/2025 | $27,804.00 | 01/12/2026 | Repeat |
Text For Citation: 01 Item/Group: 002 Hazard:
29 CFR 1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. On July 24, 2025, and days prior, at the jobsite behind 1700 Metropolitan Ave, Kansas City, Kansas, employees were exposed to struck-by and engulfment hazards. Spoil piles were placed directly along the north and south edges of the trench, and when the pile on the north side collapsed, it engulfed a worker. K & W Underground, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(j)(2), which was contained in OSHA inspection number 1614611, citation number 1, item number 3 and was affirmed as a final order on December 06, 2022, with respect to a workplace located at southwest corner of S 2nd Street and S Metcalf Road in Louisburg, Kansas.
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