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Violation Detail

Standard Cited: 19260651 J01 Specific Excavation Requirements.

Inspection Nr: 1145962.015

Citation: 01003

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $4,988.00

Current Penalty: $2,550.00

Issuance Date: 08/23/2016

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 08/29/2016

Gravity: 10

Report ID: 0214700

Contest Date: 11/22/2016

Final Order: 04/07/2017

Related Event Code (REC): C

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 04/07/2017 $2,550.00 08/29/2016 Serious  
Penalty F: Formal Settlement 04/07/2017 $2,550.00 08/29/2016 Serious  
Penalty C: Contested 11/22/2016 $4,988.00 08/29/2016 Serious  
Penalty Z: Issued 08/23/2016 $4,988.00 08/29/2016 Serious  

Text For Citation: 01 Item/Group: 003 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) Worksite - 5 Alger Rd, Kings Point, NY: Employees were preparing a site for the installation of a retaining wall. Employees were standing directly adjacent to earth, which consisted of Type B soil and was cut at an angle of approximately 90 degrees. The cut was approximately 10 feet in height and showed signs of sliding soil failure; on, or about, 05/09/2016. Note: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

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