OSHA Inspection: FIRST DAKOTA ENTERPRISES, INC.

Issued

Sep 22, 2017

Abate by

Oct 19, 2017

Penalty

Initial $3,802 · Current $2,500 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 Hilgers Gulch Sanitary Sewer Line Project, Pierre, SD 57501:  On or about and at times prior to July 14, 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 fall hazards related to damaged ladders and working on top of Corrugated Metal Piping (CMP) without the use of a fall protection system. Employees were exposed to struck-by hazards with the use of defective rigging in the form of a 4-leg 5/8-inch wire rope bridle with a master link that was damaged and used to lift a trench box out of the excavation. Employees were exposed to struck-by and cave-in hazards while installing 18-inch PVC sanitary sewer piping in an excavation approximately 14 foot deep without a protective system. These conditions exposed employees to falls and struck-by hazards.        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

Sep 22, 2017

Abate by

Oct 19, 2017

Penalty

Initial $3,802 · Current $2,500 Reduced

General-duty citation text

29 CFR 1926.251(a)(1): Rigging equipment for material handling shall be inspected prior to use on each shift and as necessary during its use to ensure that it is safe. Defective rigging equipment shall be removed from service.    (a)First Dakota Enterprises, Inc. at Hilgers Gulch Sanitary Sewer Line Project, Pierre, SD 57501:  On or about and at times prior to July 14, 2017, the employer did not ensure that a 5/8-inch four leg wire rope bridle sling was inspected prior to use. The four-legged sling had numerous wires within an independent wire rope that were broken around a damaged thimble on one of the legs used to raise and lower the trench box from the excavation. This condition exposed employees to struck by hazards associated with rigging failure.

Issued

Sep 22, 2017

Abate by

Oct 19, 2017

Penalty

Initial $3,802 · Current $2,500 Reduced

General-duty citation text

29 CFR 1926.503(a)(2)(i):  Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.      (a)First Dakota Enterprises, Inc. at Hilgers Gulch Sanitary Sewer Line Project, Pierre, SD 57501:  On or about and at times prior to June 29, 2017, the employer did not ensure that each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of a guardrail system, safety net system, or personal fall arrest system.  Employees were standing on top of an 12 gauge 84-inch Corrugated Metal Pipe (CMP) with headwall during the connection and installation process. This condition exposed the employee to a fall hazard of approximately 7 feet based on back-filling around the CMP.

Issued

Sep 22, 2017

Abate by

Oct 19, 2017

Penalty

Initial $44,363 · Current $29,500 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 Hilgers Gulch Sanitary Sewer Line Project, Pierre, SD 57501:  On or about and at times prior to July 14, 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 July 14, 2017, employees accessed the trench excavation to install 18-inch sanitary sewer PVC piping when the trench wall collapsed and buried the employees up to their chest. This condition exposed employees to struck by and caught-in-between hazards associated with a trench wall collapse.     (b)First Dakota Enterprises, Inc. at Hilgers Gulch Sanitary Sewer Line Project, Pierre, SD 57501:  On or about and at times prior to July 6, 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 10-feet deep and lacked an adequate protective system, such as sloping, benching, or shield system.  An employee was working in an excavation installing 4-inch PVC sanitary sewer piping. This condition exposed employees to struck by and caught-in-between hazards associated with a trench wall collapse.     (c)First Dakota Enterprises, Inc. at Hilgers Gulch Sanitary Sewer Line Project, Pierre, SD 57501:  On or about and at times prior to June 26, 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.  An employee was working in an excavation attempting to prepare for the installation of a manhole. This condition exposed employees to struck by and caught-in-between 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 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

Sep 22, 2017

Abate by

Oct 19, 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 Hilgers Gulch Sanitary Sewer Line Project, Pierre, SD 57501:  On or about and at times prior to July 14, 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 excavation. On July 14, 2017, employees accessed a trench excavation to install 18-inch sanitary sewer PVC piping when the trench wall collapsed and buried the employees up to their chest. This condition exposed employees to struck by and caught-in-between 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 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.