Bancker Construction Corp. v. Robert Reich, Secretary of Labor, Occupational Safety and Health Review Commission, United States Department of Labor

Petitioner Bancker Construction Corporation petitions for review of an October 18, 1998 final order of the Occupational Safety and Health Review Commission (“Commission”) affirming a citation against Bancker for failing properly to protect employees from cave-ins during installation of a trench support system, in serious violation of 29 C.F.R. § 1926.652(e)(l)(ii), and imposing a $1000 penalty.

Bancker was engaged by New York Telephone to install an underground utility vault in Bethpage, New York. The vault was to be installed in a trench 11 feet wide, 32 feet long and 14 feet deep. Excavation…