OSHA Inspection: FRITZ CONTRACTING, INC.

Issued

Jul 23, 2018

Penalty

Initial $2,217 · Current $1,109 Reduced

General-duty citation text

29 CFR 1926.28(a): Appropriate personal protective equipment was not worn by employee(s) in all operations where there was exposure to hazardous conditions:    (a) Wendy's Restaurant, Excavation area on west side of structure: On or about 04/19/2018, and at times prior, the employer exposed employees to ejection/struck-by hazards while operating excavation equipment, in that the seatbelts provided were not operable or worn while the equipment was being used for excavations for a underground water detention system.     (b) Wendy's Restaurant, Excavation located on the west side of the structure: On or about 01/25/2018, and at times prior, the employer exposed employees to soil collapse/struck-by hazards while working in an excavation, in that 15-foot, 6-inch pre-disturbed soil walls were not shored to prevent collapse while installing 72-inch corrugated steel pipe sections.

Issued

Jul 23, 2018

Penalty

Initial $2,772 · Current $1,387 Reduced

General-duty citation text

29 CFR 1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees:    (a) New Wendy's Restaurant construction, Excavation located on west side of structure: On or about 01/25/2018, and at times prior, the employer exposed employees to engulfment hazards while working in an excavation which was 6-feet deep, in that a means of egress was not provided to employees installing corrugated steel pipe. The only ladder provided  in the 88-foot long excavation was a fixed ladder inside one of the corrugated pipe sections.

Issued

Jul 23, 2018

Penalty

Initial $1,663 · Current $832 Reduced

General-duty citation text

29 CFR 1926.651(j)(1): Adequate protection was not provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face:    (a) New Wendy's Restaurant construction, Excavation on west side of the structure: On or about 04/19/2018, and at times prior, the employer exposed employees to overhead struck-by and cave-in hazards while working in an excavation, in that the protective system (trench box) was not positioned to keep the soil at the top from entering the excavation.

Issued

Jul 23, 2018

Penalty

Initial $3,880 · Current $1,940 Reduced

General-duty citation text

29 CFR 1926.651(k)(1): An inspection of the excavations, the adjacent areas, and protective systems was not conducted by the competent person prior to the start of work and as needed throughout the shift:    (a) New Wendy's Restaurant construction, Excavation located on the west side of the structure: On or about 01/25/2018, and at times prior, the employer failed to inspect the excavation prior to allowing employees to enter, in that employees were exposed to 15-foot, 5-inch walls of unprotected pre-disturbed soil, provided with no safe means of egress and not wearing the personal protective needed for overhead hazards.

Issued

Jul 23, 2018

Penalty

Initial $2,772 · Current $1,386 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) New Wendy's Restaurant construction, Excavation on west side of the structure: On or about 04/19/2018, and at times prior, the employer exposed employees to engulfment hazards while installing metal pipe, in that the ladder used for egress from the excavation was located outside the trench box being used. The employer failed to place the ladder inside the protective system to allow for safe egress.

Issued

Jul 23, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed:  (a) New Wendy's Restaurant construction, Excavation located on the west side of the structure: On or about 04/19/2018, and at times prior, the employer exposed employees to fall hazards of up to 13-feet, in that the ladder provided for egress from the excavation was not extended at least 3-feet past the landing area located on the top of the excavation.

Issued

Jul 23, 2018

Penalty

Initial $25,867 · Current $12,934 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) New Wendy's Restaurant construction, excavation located on west side of the structure: On or about 01/25/2018, and at times prior, the employer exposed employees to cave-in hazards, in that a cave-in protection system was not used while installing corrugated metal pipe next to a 15-foot, 5-inch wall of pre-disturbed soil. The excavation measured 88-feet long by 11-feet wide, by 6-feet high on one side and 15-feet, 5-inches on the opposite side of the excavation.     (b) New Wendy's Restaurant, excavation located on west side of the structure: On or about 04/20/2019, and at times prior, the employer exposed employees to cave-in hazards, in that employees were working outside of the trench box provided. Employees worked in an excavation which measured 25-ft. long by 10-feet wide by 10-feet deep.