Willful Violations Worksite Successes Excavation contractor cited for willful violation when foreman failed to properly slope excavation. Contractor had several prior willful violations. Outcome: After trial Willful characterization vacated upon showing that employer had made vast changes since prior citations; foreman had made regular substantial efforts to comply throughout job; Additional sloping or shoring of excavation was extremely difficult. Multi-store retailer cited for willful 5a1 violation not providing adequate safe access for employees to reach top shelves of storage system. Total proposed penalties: $73,000 Outcome: Willful characterization modified to Serious; penalty reduced to $10,000. Contractor cited, after fatality at bridge construction site, for 10 Willful violations with total proposed penalties of $560,000. Outcome: All Willful characterizations vacated in settlement agreement. 2 citations affirmed as “uncharacterized.” Penalty reduced to $70,000. Back to the Main Page