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` Darden Restaurants, Inc. September 15, 2011 <br /> Proposed Olive Garden—Everett,Washington Page 10 of 12 <br /> 3.9 Excavation Considerations <br /> In Federal Register Volume 54, No. 209 (October, 1989), the United States Department of Labor, <br /> Occupational Safety and Health Administration (OSHA) amended its "Construction Standards for <br /> Excavations, 29 CFR, Part 1926, Subpart P." This document was issued to insure better the <br /> safety of workers entering trenches or excavations. It is mandated by this federal regulation that <br /> all excavations, whether they be utility trenches, basement excavations, or footing excavations, be <br /> construction in accordance with the reviewed OSHA guidelines. It is our understanding that these <br /> regulations are being strictly enforced and if they are not closely followed, the owner and the <br /> contractor could be liable for substantial penalties. <br /> The contractor is solely responsible for designing and constructing stable, temporary excavations <br /> and should shore, slope, or bench the sides of the excavations as required to maintain stability of <br /> both the excavation sides and bottom. The contractor's responsible person, as defined in 29 CFR <br /> Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety <br /> procedures. In no case should slope height, slope inclination, or excavation depth, including utility <br /> trench excavation depth, exceed those specified in local, state, and federal safety regulations. <br /> We are providing this information solely as a service to our client. PSI is not assuming <br /> responsibility for construction site safety or the contractor's activities; such responsibility is not <br /> being implied and should not be inferred. <br />