Smith & Associates Excavating Llc | Occupational Safety and Health Administration osha.gov

Violation Detail

Standard Cited: 19260652 A01 Requirements for protective systems.

Inspection Nr: 1634531.015

Citation: 02002A

Citation Type: Repeat

Abatement Status: Abatement Completed

Initial Penalty: $24,556.00

Current Penalty: $24,556.00

Issuance Date: 01/23/2023

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 02/27/2023

Gravity: 5

Report ID: 0522500

Contest Date:

Final Order: 02/09/2023

Related Event Code (REC):

Emphasis:

**Penalty and Failure to Abate Event History**
Type	Latest Event	Event Date	Penalty	Abatement Due Date	Citation Type	Failure to Abate Inspection
Penalty	I: Informal Settlement	02/09/2023	$24,556.00	02/27/2023	Repeat
Penalty	Z: Issued	01/23/2023	$24,556.00	02/27/2023	Repeat

Text For Citation: 02 Item/Group: 002A Hazard:

29 CFR 1926.652(a)(1): Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when: a) Smith & Associates Excavating LLC located at 5786 Inlet Point Lane, Westerville, OH 43081: On and preceding November 16, 2022, the employer failed to ensure cave-in protection was provided for employees working in an open trench, that was more than 6 feet in depth thereby exposing the employees to struck-by and caught-in hazards. Smith & Associates Excavating LLC was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 1590812, citation number 1, item number 1-b and was affirmed as a final order on June 17, 2022, with respect to a workplace located at Lot # 11 Hamlet Court, DUBLIN, OH 43017. Smith & Associates Excavating LLC was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 1306587, citation number 2, item number 1 and was affirmed as a final order on May 16, 2018, with respect to a workplace located at 7562 Lewis Center Road, WESTERVILLE, OH 43082.

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