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Violation Detail

Standard Cited: 19260651 K01 Specific Excavation Requirements.

Inspection Nr: 1508063.015

Citation: 01005

Citation Type: Serious

Abatement Status: Corrected During Inspection

Initial Penalty: $13,653.00

Current Penalty: $9,000.00

Issuance Date: 06/23/2021

Nr Instances: 1

Nr Exposed: 2

Abatement Date:

Gravity: 10

Report ID: 0215000

Contest Date: 07/12/2021

Final Order: 03/07/2022

Related Event Code (REC): A

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 03/07/2022 $9,000.00   Serious  
Penalty C: Contested 08/04/2021 $13,653.00   Serious  
Penalty Z: Issued 06/23/2021 $13,653.00   Serious  

Text For Citation: 01 Item/Group: 005 Hazard:

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person prior to the start of work, and as needed throughout the shift, for evidence of situations that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. Site: 454 42nd Street Brooklyn, NY. Backyard of site. On or about 12/28/2020. a) An inspection of the excavation and adjacent work area was not performed by a competent person prior or during the work shift for evidence of a situation that could result in a possible cave-in. Employees working on the footing of the existing retaining wall were exposed to crushing and stuck-by hazards resulting from the collapse of the wall and cave-in of the excavation when the excavation undermined the structure of the wall.

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