OSHA Inspection: LEO'S SEWER AND DRAIN, INC.

Issued

Sep 17, 2018

Abate by

Oct 4, 2018

Penalty

Initial $3,696 · Current $2,200 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) 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)  On or about August 20, 2018, employees working in a trench next to a 6.5 foot deep vertical wall, were exposed to roll-in hazards from spoil piles that were placed at the edge of the excavation.  The soil should have been placed two feet or greater away from the edge.      Abatement Note:  Abatement certification is required for this item (see the enclosed "Certification of Corrective Action Worksheet").

Issued

Sep 17, 2018

Abate by

Oct 4, 2018

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 29 CFR 1926.652 (b) or (c).  (a)  On or about August 20, 2018, employees were exposed to cave-in hazards while working without protective systems in an excavation in type C soil that was 6.5 feet deep, had a vertical wall, some benching, and some sloped sides all of which were greater than 34 degrees.  Excavations with type C soil in which employees will work, cannot be benched, and must be sloped at no greater than 34 degrees, or must have a shoring system installed.  Abatement Note:  Abatement certification is required for this item (see the enclosed "Certification of Corrective Action Worksheet").

Issued

Sep 17, 2018

Abate by

Oct 4, 2018

Penalty

Initial $5,174 · Current $2,400 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)  On or about August 20, 2018, employees were working in a hazardous trench that had not been inspected by the competent person:  The soil was evaluated by the Compliance Officer to be type C, yet the east wall of the excavation was vertical, and other walls were intermittently benched and sloped.  The sloped sections ranged from 42 degrees to 62 degrees.  Type C soil cannot be benched and must be sloped no more than 34 degrees.  The competent person did not know the soil types, how to evaluate soil, or how to establish an appropriate protective system.  Employees were exposed to cave-in hazards.  The workers were replacing sewer lines and the competent person did not know how to test for hazardous atmosphere, particularly hydrogen sulfide from the sewer system.  Employees were potentially exposed to inhalation of toxic gases.  Spoil piles were placed at the edge of the excavation rather than away from the edge by at least two feet or secured to prevent movement.  Employees were exposed to roll-in hazards.  The competent person did not recognize that the mini excavator was in operation under overhead power lines, and did not know how far the mini excavator must stay from the lines. Employees were exposed to electrical hazards.    Abatement Note:  Abatement certification and documentation are required for this item (see the enclosed "Certification of Corrective Action Worksheet").

Issued

Sep 17, 2018

Abate by

Oct 4, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury:   (a)  On or about August 20, 2018, employees working in a hazardous trench did not have the training to recognize and mitigate the hazards to which they were exposed including cave-in hazards in the unprotected trench, exposure to toxic gases from the sewer, roll-in hazards from a spoil pile that was too close to the edge of the trench and not secured, and electrical hazards from a power line above the excavation and excavator.  The lack of safety training contributed to the hazardous conditions.    Abatement Note:  Abatement certification and documentation are required for this item (see the enclosed "Certification of Corrective Action Worksheet").