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Violation Detail

Standard Cited: 19260651 J02 Specific Excavation Requirements.

Inspection Nr: 1668615.015

Citation: 01008

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $8,595.00

Current Penalty: $6,685.50

Issuance Date: 09/29/2023

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 10/05/2023

Gravity: 5

Report ID: 0214700

Contest Date: 10/03/2023

Final Order: 01/21/2025

Related Event Code (REC): R

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty R: Review Commission 01/21/2025 $6,685.50 10/05/2023 Serious  
Penalty C: Contested 10/12/2023 $8,595.00 10/05/2023 Serious  
Penalty Z: Issued 09/29/2023 $8,595.00 10/05/2023 Serious  

Text For Citation: 01 Item/Group: 008 Hazard:

29 CFR 1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of the excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. a) At the Worksite 101 Searing Ave Mineola NY. On or about May 8th, 2023, Employees were working in an excavation where the spoil pile was placed directly on the edge. Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

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