EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of McGuire & Hester - DAR


The Division may cite an Employer for a regulatory violation of section 341.1(f)(3) for failing to notify the Division of an intent to excavate before starting to dig; action against an Employer's excavation permit is not the exclusive means of enforcement. A horizontal steel beam in the excavation wall did not reduce the depth of the excavation. The excavation was 6' 5" deep at the base of the wall. Employer had not installed protective a system. A section 1541.1(e)(1)(A) violation was sustained.

McGUIRE & HESTER 95-R1D3-3594
October 25, 1999