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Violation Detail

Standard Cited: 19260652 A01 Requirements for protective systems.

Inspection Nr: 1704588.015

Citation: 02004

Citation Type: Willful

Abatement Status: Abatement Completed

Initial Penalty: $112,926.00

Current Penalty: $59,859.00

Issuance Date: 04/16/2024

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 04/22/2024

Gravity: 10

Report ID: 0936300

Contest Date: 05/01/2024

Final Order: 07/17/2025

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 F: Formal Settlement 07/17/2025 $59,859.00 04/22/2024 Willful  
Penalty C: Contested 05/02/2024 $112,926.00 04/22/2024 Willful  
Penalty Z: Issued 04/16/2024 $112,926.00 04/22/2024 Willful  

Text For Citation: 02 Item/Group: 004 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 (b) or (c). The employer does not protect each employee performing work in trenches by properly sloping or benching the trenches or using appropriate protective systems designed in accordance with paragraph (b) or (c) of 29 CFR 1926.652. This violation occurred on or about October 24, 2023; at SMH 28 to SMH 29 Sewer Lateral Trench, where cave in protection was not provided for employees prepping and installing sewer lines in a trench greater than five feet in depth. Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure employees are protected from cave in hazards by ensuring trenches greater than 5 feet in depth are properly sloped, benched, or equipped with appropriate protective systems.

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