Inspection record, San Francisco

Darcy & Harty Construction, Inc. Cal/OSHA Inspection, Sep 28, 2023

Benjamin Eghbali, Esq.Legal notes by Benjamin Eghbali, Esq.,

Fatality or catastrophe inspection in San Francisco: 8 citations, $371,100, 1 death investigated. One of 2 inspections on this employer's record.

Every Cal/OSHA and federal OSHA inspection of a California workplace opened since 2000: 238,466 inspections of 122,854 employers, 447,188 citations, $586,238,760 in penalties, 5,717 deaths investigated.

What happened in this inspection

Cal/OSHA opened an accident inspection of Darcy & Harty Construction, Inc. at 1101 Oak Street & Divisadero Street, San Francisco (San Francisco County) on Sep 28, 2023. It was a partial inspection focused on safety hazards. 101 employees were recorded at the site, with union representation. Inspectors issued 8 citations (4 serious, 2 willful) and proposed $371,100 in penalties; the current total is $371,100. 8 citations were contested before the Appeals Board. The case is still open. 1 worker died in the event that led to this inspection. The employer has 1 other inspection on its California record.

Citations

Each citation names the rule, its classification and the penalty as proposed and as it stands now.

Citation 01001: 8 CCR 341(C)(2)(B) General
Issued Mar 26, 2024. Proposed $1,125, current $1,125. 6 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 15, 2024. Read the rule.
Citation 01002: 8 CCR 3395(I), Heat illness prevention, outdoor General
Issued Mar 26, 2024. Proposed $675, current $675. 101 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 15, 2024. Read the rule.
Citation 02001: 8 CCR 1541(I)(3), Excavations, general Serious
Issued Mar 26, 2024. Proposed $24,300, current $24,300. 4 instances. 1 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 5, 2024. Read the rule.
Citation 03001: 8 CCR 1541(K)(1), Excavations, general Serious
Issued Mar 26, 2024. Proposed $25,000, current $25,000. 1 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 5, 2024. Read the rule.
Citation 04001: 8 CCR 1541.1(c)(2), Excavations, protective systems Serious
Issued Mar 26, 2024. Proposed $25,000, current $25,000. 1 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 5, 2024. Read the rule.
Citation 05001: 8 CCR 1541.1(d), Excavations, protective systems Serious
Issued Mar 26, 2024. Proposed $25,000, current $25,000. 1 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 5, 2024. Read the rule.
Citation 06001: 8 CCR 1541(C)(2), Excavations, general Willful
Issued Mar 26, 2024. Proposed $135,000, current $135,000. 2 instances. 3 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 5, 2024. Read the rule.
Citation 07001: 8 CCR 1541.1(a)(1), Excavations, protective systems Willful
Issued Mar 26, 2024. Proposed $135,000, current $135,000. 2 instances. 1 workers exposed. Contested Apr 25, 2024, no final order yet. Abatement due Apr 5, 2024. Read the rule.

The accident

Sep 28, 2023. Employee is killed in trench collapse
Keywords: asphyxiated,buried,collapse,dig,excavation,sewer,shoring,trench,undrgrd installation,unstable soil 1 death

Your rights

If you worked at this site, the inspection file is a public record once the case closes; request it from the Cal/OSHA district office with activity number 347003196. A worker who reported the hazard, the injury or the inspection and was then fired, demoted or cut has a retaliation claim under Labor Code 6310, one year to file with the Labor Commissioner and longer to sue. Injuries themselves go through workers' compensation. Free, confidential review: (800) 371-3088.

Source: U.S. Department of Labor OSHA enforcement data, inspection 347003196, checked Nov 1, 2026. How to read a record. Back to the safety tracker.

About this data: Records come from the U.S. Department of Labor's OSHA enforcement datasets (inspection, violation, accident and accident injury tables), which carry Cal/OSHA's state-plan inspections alongside federal ones. We load every inspection of a California worksite opened since January 1, 2000 and refresh it weekly. Employer names, addresses and industry codes are as the inspecting office recorded them; similar names are grouped where they clearly refer to the same employer. A citation can be reduced, vacated or withdrawn on appeal, and an inspection can stay open for months, so a record can change. Penalties shown as "current" reflect the latest status in the federal file. This page is public information about the employer's regulatory record, not legal advice and not a statement that any person was harmed or any law broken beyond what the record states.

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