OSHA Inspection: D.F. TOMASINI CONTRACTORS, INC.

Issued

Jan 4, 2013

Abate by

Jan 10, 2013

Penalty

Initial $2,800 · Current $7,000

General-duty citation text

29 CFR 1926.651(k)(1):     Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection was not conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.    In accordance with 1926 Subpart P Appendix A, section (c)(3): Visual and manual analyses. The visual and manual analysis such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and conducted to provide sufficient quantitative and qualitative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits.      (a) The employer did not ensure that the foreman was conducting a manual test of the soil in order to determine the method of protection when working in an excavation. The foreman conducted a visual test but did not conduct a manual test. The employees were exposed to a struck-by and caught-in-between hazard while working in an unprotected excavation.

Issued

Jan 4, 2013

Abate by

Jan 10, 2013

Penalty

Initial $9,800 · Current $0 Reduced

General-duty citation text

29 CFR 1926.651(k)(2):     Each employee in an excavation were not protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when:    29 CFR 1926.652(a)(1)(ii): Excavations are less than 5 feet (1.52 m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in.      (a) The employer did not ensure that employees were using a protective system when tying a water main together inside an excavation. The excavation did not contain a protective system and the employees were exposed to a struck-by hazard.     D.F. Tomasini Contractors, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard CFR 1926.652(a)(1), which was contained in OSHA inspection number 311399877, citation number 01, item number 01 and was affirmed as a final order on December 22, 2008, with respect to a workplace location at Pabst Farm Circle, Oconomowoc, WI 53066.