Text For Citation: 01 Item/Group: 003 Hazard:

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury. (a) Location - Jobsite at 6 Twin Circle Drive, Arlington MA On or about 09/10/2023, the employer did not provide any safety training or instruction to employees on how to recognize and avoid hazards associated with working in the trench/excavation at the jobsite. For example, employees were not trained on core aspects of trench/excavation safety such as hazard recognition, benching and set back of spoils pile. The employer instructed employees to enter the trench/excavation without any safety training even after an employee complained to the employer that the trench was unsafe. The trench/excavation later caved-in on an employee, trapping, and seriously injuring the employee. Since there were at least three employees who were not trained as required regarding the work being performed at this worksite, the employer is being cited for each of the three documented instances in accordance with OSHA's instance-by-instance policy, which is set forth here: https://www.osha.gov/memos/2023-01-26/application-of-instance-by-instance-penalty-adjustments. The justification for citing instance-by-instance here is provided by the facts set forth in the violation worksheet.