OSHA Inspection: FIRST DAKOTA ENTERPRISES, INC.

Issued

Aug 17, 2017

Abate by

Sep 13, 2017

Penalty

Initial $6,338 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.20(b)(2):  The employer did not initiate and maintain an accident prevention program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person (i.e., a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them):     (a)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57532:  On or about and at times prior to May 23, 2017,  the employer did not ensure an accident prevention program was developed and implemented for the work environment to include regular inspections of the job-site, materials, and equipment; conducted by a competent person. Employees were exposed to struck-by and cave-in hazards while removing sewer piping and compacting around residential service installations. This condition exposed employees to struck-by hazards in the form of vertical walls of unsupported soil.        Abatement Note: OSHA defines a "competent" person as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Issued

Aug 17, 2017

Abate by

Sep 13, 2017

Penalty

Initial $44,363 · Current $24,000 Reduced

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).    (a)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure that an employee conducting work in an excavation was protected from cave-in, in that the excavation was approximately 14 feet deep and lacked an adequate protective system, such as sloping, benching, or shield system. On May 23, 2017, an employee accessed the trench excavation to remove misaligned 18 inch sewer piping when the west trench wall collapsed and buried the employee. This condition exposed an employee to struck by hazards associated with a trench wall collapse.     (b)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure an employee working in an excavation was protected from cave-in hazards. An employee was operating a soil compactor within a trench excavation approximately 9 feet deep without an adequate protective system. This condition exposed an employee to struck by hazards associated with a trench wall collapse.     (c)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure an employee working in an excavation was protected from cave-in hazards. An employee was installing four-inch sewer service to a residence within a trench excavation approximately 9 feet deep without an adequate protective system. This condition exposed an employee to struck by hazards associated with a trench wall collapse.     First Dakota Enterprises, Inc. was previously cited for violation of this Occupational Safety and Health Standard or its equivalent standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 749882, citation number 1, item number 2 and was affirmed as a final order on March 7, 2013, with respect to a workplace located at 19th Street and 12th Avenue SW in Dickerson, ND 58601.

Issued

Aug 17, 2017

Abate by

Sep 13, 2017

Penalty

Initial $0 · Current $0

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 prior to the start of work, and as needed throughout the shift, for evidence of situations that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.  (a)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332:  On and prior to May 23, 2017, the employer did not ensure a competent person conducted daily inspections of the trench excavation, adjacent areas, and did not ensure an adequate protective system was utilized to protect employees entering the trench. On May 23, 2017, an employee had accessed a trench excavation multiple times to remove sections of pipe that were not aligned properly. The employee entered an unprotected trench to remove the last section of pipe that was misaligned when the 14 foot unprotected vertical wall of soil caved in and buried the employee. This condition exposed employees to struck-by hazards due to cave-in and crushing hazards.  First Dakota Enterprises, Inc. was previously cited for violation of this Occupational Safety and Health Standard or its equivalent standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 749882, citation number 1, item number 1c and was affirmed as a final order on March 7, 2013, with respect to a workplace located at 19th Street and 12th Avenue SW in Dickerson, ND 58601.

Issued

Aug 17, 2017

Abate by

Sep 13, 2017

Penalty

Initial $44,363 · Current $24,000 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that posed a hazard by falling or rolling into excavations and protection was not provided by placing and keeping such materials or equipment at least 2 feet (.61 m) 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:    (a)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure that adequate protection was provided, in that the spoils pile was placed directly on the west edge of the trench excavation and did not maintain a distance of at least two feet. On May 23, 2017, an employee was accessing a trench excavation to remove 12-inch sewer piping that was misaligned when the trench wall collapsed and buried the employee. The condition exposed an employee to struck-by hazards in the form of excavated material.      First Dakota Enterprises, Inc. was previously cited for violation of this Occupational Safety and Health Standard or its equivalent standard 29 CFR 1926.651(j)(2), which was contained in OSHA inspection #749882, citation number 1, item number 2 and was affirmed as a final order on March 7, 2013, with respect to a workplace located at 19th Street and 12th Avenue SW in Dickerson, ND 58601.