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Violation Detail
Standard Cited: 19260651 K01 Specific Excavation Requirements.
Inspection Nr: 1361688.015
Citation: 01004
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $12,500.00
Current Penalty: $12,500.00
Issuance Date: 04/30/2019
Nr Instances: 1
Nr Exposed: 3
Abatement Date: 05/21/2019
Gravity: 10
Report ID: 0728900
Contest Date: 05/21/2019
Final Order: 01/06/2021
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 01/06/2021 | $12,500.00 | 05/21/2019 | Serious | |
| Penalty | C: Contested | 05/31/2019 | $12,500.00 | 05/21/2019 | Serious | |
| Penalty | Z: Issued | 04/30/2019 | $12,500.00 | 05/21/2019 | Serious |
Text For Citation: 01 Item/Group: 004 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. The employer is failing to protect to protect employees from caught in or between and struck by hazards associated with trenching and excavation hazards. This was most recently documented on November 21, 2018 at Aurora St and 56th Ave, Lincoln, Nebraska where employees were working in two unprotected trenches/excavations. Daily inspections were not conducted by a competent person. Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the violation.