The parties stipulate that the spoil pile of excavated materials or equipment was at the edge of the excavation. The excavated soil was placed at the very edge of the excavation and was piled up in large clumps of soil which overhung it. The conditions violated the terms of the standard. The conditions violated the standard. The four standards apply to the cited conditions.
Exposure is admitted.
The Secretary has established the asserted violations. The probable result of an accident was serious bodily harm or death. The violations are serious. Once the Secretary proves the violation, unless the employer establishes a defense, the violation will be affirmed. Here, the crux of Wye's employee misconduct argument is that its foreman ignored its instructions on how to perform the work safely.