Apparently the compliance officer did not use the dirt pile himself. There was no testimony to the effect anything prevented workers from walking up the backfill and out of the trench. Finally, the compliance officer admitted that he would have used the backfill as means of egress if necessary. The backfill may therefore be considered as a safe means of egress, and the Respondent has thus satisfied the regulation. On this issue the compliance officer in command observed loose material, soil and rock on the face of the excavation.
Photographs taken at the scene confirm that rocks and material appeared on the side of the trench.
Indeed, the Respondent was directed to correct the situation and did so by arranging for a trench box to be delivered to the site. The Respondent contends that there was no hazard because the movement of rocks and soil did not expose an employee to a significant injury. I do not agree that falling rocks and debris from a distance of fifteen feet or more would merely result in soil on one's work boots, as suggested by its counsel. With respect to this item of the citation, the Secretary has established that there were loose rocks and soil on the side of the excavation. If an accident occurred, the resultant injury could be serious, especially since the excavation was only four feet wide at the bottom.