OSHA Inspection: FERGUSON ENTERPRISES, INC

Issued

Sep 1, 2017

Abate by

Sep 8, 2017

Penalty

Initial $7,968 · Current $4,000 Reduced

General-duty citation text

29 CFR 1926.28(a): The employer did not require the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions:  a) On July 13, 2017 an employee was exposed to a struck-by hazard from construction vehicle and heavy equipment traffic while assisting a co-worker performing hot tap work in a trench.  The employee was not wearing any high visibility clothing or a vest.  The employee was not readily visible to the heavy equipment operators and construction vehicle traffic while standing outside of a trench, and while walking around the very active and congested jobsite.  The construction equipment and traffic included but was not limited to excavators, front end loaders and dump trucks.   Note) Certification of corrective action is required for this item.

Issued

Sep 1, 2017

Abate by

Sep 14, 2017

Penalty

Initial $39,842 · Current $10,000 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer did 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) Jobsite: On July 13, 2017 and times prior thereto an employee entered a 5 to 5.6 foot deep trench without a cave in protection system in place.  The employee did not recognize or acknowledge the hazard of working in an unprotected trench and take action to have the hazard minimized or controlled.       Ferguson Waterworks was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 703478, citation number 1, item number 1a, and was affirmed as a final order on December 28, 2012, with respect to a workplace located at 10245 Highway 2 Tioga, N. D. 58852.      Note) Certification and documentation of corrective action is required for this item.

Issued

Sep 1, 2017

Abate by

Sep 8, 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 for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions:    a) Jobsite: On July 13, 2017 an employee performed hot tap work in a 5 to 5.6 foot deep trench with class B soil.  An inspection of the trench was not completed by a competent person to determine the actual depth  of the trench and if a protective system or other safety precautions would be needed prior to entering.        Ferguson Waterworks was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 703478, citation number 1, item number 1b and was affirmed as a final order on December 28, 2012, with respect to a workplace located at 10245 Highway 2 Tioga, N. D. 58852.    Note) Certification and documentation of corrective action is required for this item.

Issued

Sep 1, 2017

Abate by

Sep 8, 2017

Penalty

Initial $0 · Current $0

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 paragraph (b) or (c) of this section:     a) Jobsite: On July 13, 2017 an employee entered a trench to perform hot tap work on a water pipe.  The trench was 5 to 5.6 feet deep with type B soil.  No cave in protection was in place.        Ferguson Waterworks was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 703478, citation number 1, item number 1a, and was affirmed as a final order on December 28, 2012, with respect to a workplace located at 10245 Highway 2 Tioga, N. D. 58852.    Note) Certification and documentation of corrective action is required for this item.