Text For Citation: 02 Item/Group: 003 Hazard:

29 CFR 1926.651(j)(2): Employees are not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) 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. The employer does not protect employees from the hazards of equipment falling or rolling into occupied excavations caused by added surcharge loads imposed by the excavator. Location: 103 West Broad Street, Stamford, CT Instance #1 This violation was most recently observed on or about June 12, 2025, where the employer failed to ensure that the Foreman was protected from struck-by and cave-in hazards while a Kubota excavator was operating with one of its tracks positioned on the edge of the excavation wall. The excavator had no restraint to keep it from rolling or falling into the occupied excavation. The Foreman was grading the floor of an approximately 10-foot-deep excavation while the excavator added to the surcharge load imposed on the excavation walls above him. Instance #2 This violation was most recently observed on or about June 13, 2025, where the President operated the excavator with the tracks positioned on the edge of the occupied excavation, which exposed the Foreman, the Operator and Laborer to struck-by and cave-in hazards due to the added surcharge load. OSHA previously issued this employer a willful citation for a violation of this standard, 29 CFR 1926.651(j)(2) during inspection #1718126, with a final order date of 2/27/2025. The inspection was opened due to an employee fatality. OSHA previously issued this employer a serious citation for a violation of this standard, 29 CFR 1926.651(j)(2) during inspection #123165631, with a final order date of 4/6/1994. To abate this violation, the employer must provide adequate trenching and excavation training for all employees and competent person training for designated competent persons. Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps they are taking to ensure compliance; including an explanation of how the employer will keep material and equipment at least two feet from the edge of an excavation.