Text For Citation: 02 Item/Group: 005 Hazard:

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c). Location: 103 West Broad Street, Stamford, CT The employer does not protect employees from cave-in hazards when working in and around open excavations greater than five feet in depth. Instance #1 This violation was most recently observed on or about June 12, 2025, where the Foreman was exposed to cave-in hazards while grading the floor of an approximately 10-foot-deep unprotected excavation. No protective system was in place to protect the employee. A Kubota KX080-4 excavator was operating with one of its tracks positioned on the edge of the excavation wall adding a surcharge load which increased the possibility of a cave-in. Instance #2 This violation was most recently observed on or about June 13, 2025, where the Foreman, Operator and Laborer were exposed to cave-in hazards while working in an approximately 10-foot-deep excavation when the employer failed to use a four-sided trench shield for cave-in protection. The employees were also exposed to cave-in hazards when they were standing on the escape ladder or the shield components, which placed them between the top of the excavation walls and the top of the trench shield walls. 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 1926.652(a)(1) during inspection #1156285, with a final order date of 7/17/2017. OSHA previously issued this employer a serious citation for a violation of this standard, 29 CFR 1926.652(a)(1) during inspection #123165631, with a final order date of 4/6/1994. To abate this violation, the employer must provide and ensure use of cave-in protection when employees are working in excavations five feet or greater in depth. 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 these steps protect employees from an excavation wall collapse or cave-in.