The investigation led to the issuance of one serious Citation, with two separate items, to Montroy Development, LLC (Montroy). Id. Citation Item 1 alleges a violation of 29 C.F.R. § 1926.651(j)(2) for failing to protect an employee from excavated or other materials or equipment that could pose a hazard by failing or rolling into excavations. Citation Item 2 alleges a violation of 29 C.F.R. § 1926.652(a)(1) for failing to ensure an employee in an excavation was protected from cave-ins by an adequate protective system.
Montroy timely filed a Notice of Contest challenging the Citation, which brought the matter before the Occupational Safety and Health Review Commission (Commission) under section 10(c) of the Occupational Safety and Health Act (OSH Act). A hearing was held on August 12, 2024, in Syracuse, New York. Both parties timely submitted Post-Hearing Briefs for consideration. The joint request to permit Reply Briefs was granted. The Secretary filed a Reply Brief. Montroy did not file a Reply Brief.