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Violation Detail
Standard Cited: 19260652 A01 Requirements for protective systems.
Inspection Nr: 1809546.015
Citation: 02001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $21,281.00
Current Penalty: $11,000.00
Issuance Date: 06/10/2025
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 07/08/2025
Gravity: 5
Report ID: 0524200
Contest Date:
Final Order: 07/09/2025
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 07/09/2025 | $11,000.00 | 07/08/2025 | Serious | |
| Penalty | Z: Issued | 06/10/2025 | $21,281.00 | 07/08/2025 | Repeat |
Text For Citation: 02 Item/Group: 001 Hazard:
29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(c): a) On or about March 10, 2025, employees were not protected from the hazard of cave-ins by shoring, sloping, or other protective means while working in a trench having a depth of approximately 11.6 feet. South end of trench was unprotected from cave-in hazards. Berger Excavating Contractors Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.652(a)(1) which was contained in OSHA inspection number 1595184, citation number 1, item number 1, and was affirmed as a final order on July 28, 2022, with respect to a workplace located at 1020 Bonnie Brae, River Forest, IL 60305. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.