Violation Detail
Standard Cited: 19260651 J02 Specific Excavation Requirements.
Inspection Nr: 1658633.015
Citation: 01004
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $6,250.00
Current Penalty: $1,560.00
Issuance Date: 07/13/2023
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 08/08/2023
Gravity: 5
Report ID: 0830600
Contest Date: 08/02/2023
Final Order: 03/04/2024
Related Event Code (REC): C
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 03/04/2024 | $1,560.00 | 08/08/2023 | Serious | |
Penalty | C: Contested | 08/02/2023 | $6,250.00 | 08/08/2023 | Serious | |
Penalty | Z: Issued | 07/13/2023 | $6,250.00 | 08/08/2023 | Serious |
Text For Citation: 01 Item/Group: 004 Hazard:
29 CFR 1926.651(j)(2): Protection is not being 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 are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. a) The employer is failing to protect each employee performing work in excavations by not placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations from struck-by hazards, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. This practice led to employees being unprotected from hazards posed by excavated materials falling or rolling into the excavation on or about March 23, 2023, and at times prior, at 11457 Rushpink Street, Colorado Springs, CO 80925 where excavated materials were not kept at least 2 feet from the edge of the excavation or restrained by retaining devices. b) The employer is failing to protect each employee performing work in excavations by not placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations from struck-by hazards, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. This practice led to employees being unprotected from hazards posed by excavated materials falling or rolling into the excavation on or about March 23, 2023, and at times prior, at 11445 Rushpink Street, Colorado Springs, CO 80925 where excavated materials were not kept at least 2 feet from the edge of the excavation or restrained by retaining devices. Abatement Note: Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from the hazards of excavated or other materials falling or falling into excavations. (An abatement plan, periodic progress reports, and provision of site addresses may be required if the abatement period is more than 90 days.)