Text For Citation: 01 Item/Group: 003 Hazard:

29 CFR 1926.652(a)(1)(ii): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with paragraph 29 CFR 1926.652(b) or 29 CFR 1926.652(c) of this section when an examination of the ground by a competent person was not conducted and determined that there was no indication of a potential cave-in in excavations less than 5 feet (1.52m) in depth: a) 159 Alexander Street, Yonkers, NY - Building C - 1st Floor: Laborers manually digging excavations below and under the concrete slab were not protected against cave-ins by adequate protective systems designed in accordance with 29 CFR 1926.652(b) or 29 CFR 1926.652(c) when an examination of the ground by a competent person was not conducted and determined that there was no indication of a potential cave-in in excavations less than 5 feet (1.52m) in depth; on or about 12/4/23 and continuing. Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.