Violation Detail
Standard Cited: 19260652 A01 Requirements for protective systems.
Inspection Nr: 1186266.015
Citation: 02010
Citation Type: Willful
Abatement Date: 04/19/2017 7
Initial Penalty: $126,749.00
Current Penalty: $126,749.00
Issuance Date: 04/11/2017
Nr Instances: 1
Nr Exposed: 4
Related Event Code (REC): A
Gravity: 10
Report ID: 0111400
Contest Date: 05/01/2017
Final Order: 08/20/2021
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 08/20/2021 | $126,749.00 | 04/19/2017 | Willful | |
Penalty | C: Contested | 05/01/2017 | $126,749.00 | 04/19/2017 | Willful | |
Penalty | Z: Issued | 04/11/2017 | $126,749.00 | 04/19/2017 | Willful |
Text For Citation: 02 Item/Group: 010 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(c). The employer had not complied with the provisions of 29 CFR 1926.652(b)(1)(i) in that that the excavation was sloped at an angle steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal): Location: Jobsite in front of 10 - 12 Dartmouth Street, Boston, MA Employees are not protected from cave-ins while working in trenches. On October 21, 2016, two employees were killed while working in an unprotected trench with straight cut walls, approximately 12 feet deep. The employer routinely fails to assure effective protection against cave-in hazards by using a protective system or other provisions of the subpart as required by the standard, as demonstrated on October 21, 2016, when employees, working in a trench approximately 12 feet below grade, were not protected from cave-ins at the site in front of 10 - 12 Dartmouth Street, Boston, MA 02116. To abate this violation, the employer must ensure that all employees entering trenches and excavations are protected from cave-ins in accordance with 29 CFR 1926.652 to protect employees from hazards. 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 cave-in hazards.