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Violation Detail

Standard Cited: 19260651 C02 Specific Excavation Requirements.

Inspection Nr: 1186266.015

Citation: 02007

Citation Type: Willful

Abatement Status: Not Completed - AD Discretion

Initial Penalty: $126,749.00

Current Penalty: $126,749.00

Issuance Date: 04/11/2017

Nr Instances: 1

Nr Exposed: 5

Abatement Date: 04/19/2017

Gravity: 10

Report ID: 0111400

Contest Date: 05/01/2017

Final Order: 08/20/2021

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
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: 007 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: Location: Jobsite in front of 10 - 12 Dartmouth Street, Boston, MA Employees are exposed to cave-in hazards while they are working in trenches, where a safe means of access/egress is not kept in the trench at all times. The employer routinely fails to assure a safe means of access/egress as required by the standard, as demonstrated on or about October 17, 2016 through 21, 2016, when employees, working in a trench, approximately 12 feet below grade, were not protected from cave-in and other hazards where a safe means of egress was removed with employees in the trench at the site in front of 10 - 12 Dartmouth Street, Boston, MA 02116. To abate this violation, the employer must ensure that employees have a stairway, ladder, ramp or other safe means of access/egress available at all times when employees are in the trench or excavation. 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, crushing and other hazards.

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