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Violation Detail
Standard Cited: 19260651 H01 Specific Excavation Requirements.
Inspection Nr: 1623855.015
Citation: 03001
Citation Type: Repeat
Abatement Date: 03/23/2023 2
Initial Penalty: $24,063.00
Current Penalty: $16,667.00
Issuance Date: 03/17/2023
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC):
Gravity: 10
Report ID: 0830300
Contest Date: 04/07/2023
Final Order: 06/12/2023
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 06/12/2023 | $16,667.00 | 03/23/2023 | Repeat | |
| Penalty | C: Contested | 04/07/2023 | $24,063.00 | 03/23/2023 | Repeat | |
| Penalty | Z: Issued | 03/17/2023 | $24,063.00 | 03/23/2023 | Repeat |
Text For Citation: 03 Item/Group: 001 Hazard:
29 CFR 1926.651(h)(1): Employees are working in excavations in which there is accumulated water, or excavations in which water is accumulating, and adequate precautions are not being taken to protect employees against the hazards posed by water accumulation: (a) Bowers Excavating LLC: The employer is failing to ensure that accumulated water or excavations with accumulating water, have adequate precautions in place to protect employees prior to employees entering the trench. This violation occurred on September 21, 2022, at North 23rd Street & Kennedy Avenue in Bismarck, North Dakota when employees were directed to enter a trench that was greater than 5 feet deep where water was accumulating. To abate this violation the employer must ensure that precautions are taken to protect employees against the hazards posed by water accumulation. Note: This company was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1537210, Citation 1, Item 1, and was affirmed as a final order on October 28, 2021, with respect to a workplace located at or near Old Red Trail & Eighth Avenue NW in Mandan, North Dakota.