OSHA Inspection: LUMADUE EXCAVATING, LLC

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $4,620 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.651(j)(2):      The employer does not protect each employee by placing or keeping such materials or equipment at least two feet from the edge of the excavation or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations or by a combination of both:      a) The employer does not ensure that each employee working in a trench is protected by keeping excavated material at least two feet from the edge of the trench.  This violation was most recently observed at a site near the intersection of Brushy Ridge and Fairfield Roads, Montoursville, PA where employees were observed working in a 7 foot deep trench where spoil material was placed within two feet of the edge of the trench.  To abate this violation the employer must ensure that each employee in a trench is protected by keeping excavated material at least two feet from the edge.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from traffic hazards.

Issued

May 3, 2013

Penalty

Initial $46,200 · Current $36,960 Reduced

General-duty citation text

29 CFR 1926.652(a)(1):     The employer does not have each employee in an excavation protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section:    a) The employer does not ensure that each employee working in a trench excavation is protected from cave-ins by an adequate protective system.  This violation was most recently observed at a site near the intersection of Brushy Ridge and Fairfield Roads, Montoursville, PA where employees were observed working in a 7 foot deep trench to install a 12 inch water line without a system in place to protect employees from a cave-in hazard.  To abate this violation the employer must ensure that each trench over 5 feet in depth is provided with an adequate protective system to protect employees from the hazard of a cave-in.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from cave-in hazards.

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $23,100 · Current $18,480 Reduced

General-duty citation text

29 CFR 1926.21(b)(2):      The employer does not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.      a) The employer does not ensure that each employee on the jobsite is instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment.  at a site near the intersection of Brushy Ridge and Fairfield Roads, Montoursville, PA where employees were observed working in a 7 foot deep trench without being trained in hazard recognition and avoidance of unsafe conditions.   To abate this violation the employer must ensure that each employee is instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment.      Lumadue Excavating, LLC. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.21(b)(2), which was contained in OSHA inspection number 116216441, citation number 2, item number 1, and was affirmed as a final order on 11/12/2009, with respect to a workplace located at Broad Top City Waterline System, Broad Top, PA 16621.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees.

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $9,240 · Current $7,392 Reduced

General-duty citation text

29 CFR 1926.651(c)(2):      Means of egress from trench excavations. The employer does not ensure that a stairway, ladder, ramp or other safe means of egress is located in each trench or excavation that is 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees:    a) The employer does not ensure that that a stairway, ladder, ramp or other safe means of egress is located in each trench or excavation that is 4 feet (1.22 m) or more in depth.  This violation was most recently observed at a site near the intersection of Brushy Ridge and Fairfield Roads, Montoursville, PA where employees were observed working in a 7 foot deep trench to install a 12 inch water line and no ladder or other safe means of egress was provided.   To abate this violation the employer must ensure that each trench over 4 feet in depth is provided a ladder or other safe means of egress for employee use.     Lumadue Excavating, LLC. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(c)(2), which was contained in OSHA inspection number 116216441, citation number 01, item number 03 (a), and was affirmed as a final order on 11/12/2009, with respect to a workplace located at Broad Top City Waterline System, Broad Top, PA 16621.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees.

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $9,240 · Current $7,000 Reduced

General-duty citation text

29 CFR 1926.651(k)(1):     The employer does not ensure that daily inspections of excavations, the adjacent areas, and protective systems are made by a competent person for evidence of a situation that could result in possible cave-ins, or indications of failure of protective systems:    a) The employer does not ensure that daily inspections of excavations are made.  This violation was most recently observed at a site near the intersection of Brushy Ridge and Fairfield Roads, Montoursville, PA where employees were observed working in a 7 foot deep trench to install a 12 inch water line and no inspections were made of the trench nor adjacent areas for evidence of a situation that could result in a cave-in.     Lumadue Excavating, LLC. was previously cited for a violation of this occupational safety and health standard or its equivalent standard1926.651(k)(1), which was contained in OSHA inspection number 116216441, citation number 01, item number 03 (b), and was affirmed as a final order on 11/12/2009, with respect to a workplace located at Broad Top City Waterline System, Broad Top, PA 16621.     Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees.