Violation Detail
Standard Cited: 19260651 C02 Specific Excavation Requirements.
Inspection Nr: 1436545.015
Citation: 03001
Citation Type: Repeat
Abatement Status: Abatement Completed
Initial Penalty: $103,902.00
Current Penalty: $65,000.00
Issuance Date: 03/16/2020
Nr Instances: 3
Nr Exposed: 4
Abatement Date: 03/20/2020
Gravity: 10
Report ID: 0830300
Contest Date: 03/18/2020
Final Order: 03/03/2021
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 03/03/2021 | $65,000.00 | 03/20/2020 | Repeat | |
| Penalty | C: Contested | 06/11/2020 | $103,902.00 | 03/20/2020 | Willful | |
| Penalty | Z: Issued | 03/16/2020 | $103,902.00 | 03/20/2020 | Willful |
Text For Citation: 03 Item/Group: 001 Hazard:
29 CFR 1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees: (a) On or about October 8, 2019, and at times prior, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 11 feet in depth where there was no means of egress or the egress was not accessible, for the water transmission line 19-01 project, in the vicinity of STA 56+50, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota. (b) On or about October 8, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 10 feet in depth where the ladder used for egress was approximately 40 feet away from the work area, for the water transmission line 19-01 project, in the vicinity of 58+50 to STA 59+60, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota. (c) On or about October 9, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet 6 inches in depth where there was no means of egress, for the water transmission line 19-01 project, in the vicinity of STA 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.
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