OSHA Inspection: KEMPF CONSTRUCTION, INC.

Issued

Jan 10, 2017

Abate by

Jan 23, 2017

Penalty

Initial $2,138 · Current $1,390 Reduced

General-duty citation text

29 CFR 1926.51(c)(2): Under temporary field conditions, provisions were not made to assure that not less than one toilet facility was available:    (a) Kempf Construction, Inc. at Sunshine and Augusta Cir., Brandon SD, 57007:  On and before October 28, 2016, the employer did not furnish at least one toilet for workers at a temporary job site.

Issued

Jan 10, 2017

Abate by

Feb 6, 2017

Penalty

Initial $9,600 · Current $6,240 Reduced

General-duty citation text

29 CFR 1926.652(b): The slopes and configurations of sloping and benching systems were not in accordance with the requirement options of 29 CFR 1926.652(b)(1), (b)(2), (b)(3), or (b)(4):    (a)Kempf Construction, Inc. at Sunshine and Augusta Cir., Brandon SD, 57007:  On and before October 28, 2016, the employer did not ensure that employees were not exposed to struck-by hazards while working in a 16-foot deep excavation with a trench box that was eight feet high, thus allowing the excavated walls to cave into the trench box from above. The adjacent walls located above the trench box were not sloped or benched to IAW 1926 Subpart P, Appendix B instructions.

Issued

Jan 10, 2017

Abate by

Feb 6, 2017

Penalty

Initial $9,600 · Current $6,240 Reduced

General-duty citation text

29 CFR 1926.652(b)(3)(iii): Tabulated data, identifying the registered professional engineer who approved the data, was not maintained at the jobsite during construction of the protective system.  After that time, that data was not made available to the Secretary when requested.      (a)Kempf Construction, Inc. at Sunshine and Augusta Cir., Brandon SD, 57007:  On and before October 28, 2016, the exposing employer did not maintain a copy of the tabulated data at the job-site during construction activities related to the use of the protective system. Employees did not have access to the tabulated data which could allow the trench box to be used in a manner not recommended by the manufacturer. This condition exposed employees to struck-by hazards associated with improperly use regarding the trench box.

Issued

Jan 10, 2017

Abate by

Jan 23, 2017

Penalty

Initial $9,600 · Current $6,240 Reduced

General-duty citation text

29 CFR 1926.652(g)(1)(iii): Employees were not protected from the hazard of cave-ins when entering or exiting the area protected by shields:    (a)Kempf Construction, Inc. at Sunshine and Augusta Cir., Brandon SD, 57007:  On and before October 28, 2016, the exposing employer did not ensure employees were protected from cave-in hazards while using a ladder to access and egress an excavation that was not located within the trench shielding system. This condition exposed employees to cave-in hazards associated with accessing and egressing the excavation outside of the protective system.

Issued

Jan 10, 2017

Abate by

Feb 6, 2017

Penalty

Initial $9,600 · Current $6,240 Reduced

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety.    (a)Kempf Construction, Inc. at Sunshine and Augusta Cir., Brandon SD, 57007:  On and before October 28, 2016, the exposing employer did not ensure employees were protected from cave-in hazards where hazards existed and the necessary precautions were taken to ensure employees were protected. The competent person operated the excavator to form near vertical walls extending eight feet above the top of the trench shielding system and did not remove employees from the excavation to correct visible hazards such as but not limited to, inadequate shielding height, topsoil over sand and other soil layers, access ladder located outside the protective system and water penetration. This condition exposed employees to struck-by hazards as a result of the competent person not removing employees from an excavation that had identifiable hazards related to cave-in.