Text For Citation: 02 Item/Group: 009 Hazard:

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employee(s) was/were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety. Location: Jobsite in front of 10 - 12 Dartmouth Street, Boston, MA Employees are exposed to cave-in and other associated hazards were not removed from the approximately 12 foot deep trench. The employer routinely fails to remove employees from hazardous areas where a competent person finds evidence of a situation that could result in a possible cave-in, indication of failure of protective systems or other hazardous conditions as demonstrated on October 21, 2016 when employees working in an unprotected trench, approximately 12 feet below grade, were not removed from the trench until the necessary precautions were put in place in front of 10 - 12 Dartmouth Street, Boston, MA 02116. To abate this violation, the employer must ensure that employees are removed from hazardous areas where evidence of cave-in, failing / inadequate protective systems or other hazardous conditions are identified by a competent person. Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance; including an explanation of how these steps protect employees from struck-by, crushing, cave-in and other hazards.