OSHA Inspection: LARRY KESSLER CONSTRUCTION

Issued

2016-06-06 00:00:00

Abate by

2016-06-16 00:00:00

Penalty

Initial $7000.00 · Current $4900.00 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary:     The employer is failing to protect employees of Clau- Chin from cave-in hazards in the workplace as a result of not maintaining the spoil pile at least two feet from the excavation edge.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  The spoil pile from the trench on this site was placed directly at the edge of the trench and not at the required two foot distance from the edge to prevent a possible cave-in.  Due to the location of the trench, vibration from the nearby road way and equipment could easily trigger movement of the spoil pile into the trench below.

Issued

2016-06-06 00:00:00

Abate by

2016-10-18 00:00:00

Penalty

Initial $7000.00 · Current $4900.00 Reduced

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 have resulted in possible cave-ins, indications of failure of protective systems:     The employer is failing to conduct adequate inspections of the trench, adjacent areas and protective systems for evidence of situations that could result in possible cave-in, indications of protective systems, hazardous atmospheres or other hazardous conditions.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  A trench collapsed on this site causing an employee of Clau-Chin to sustain fatal injuries.  The employer had not conducted at least one visual and one manual test of the soil prior to the start of work.

Issued

2016-06-06 00:00:00

Abate by

2016-06-16 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1926.652(a)(1):  Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or (c) of this section:                                                                                                                                                                                                                                               The employer is failing to provide a protective system for employees of Clau-Chin that were in a trench exposing them to the hazards of an excavation collapse.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  The excavation was not appropriately sloped or benched nor was there a protective system in place.  Employees were working in an excavation approximately 8 feet in depth without any form of protective system.  This excavation collapsed causing fatal injuries to an employee and non-life threatening injuries to a second employee.