OSHA Inspection: MILLER'S EXCAVATING, LLC

Issued

Feb 21, 2019

Abate by

Mar 19, 2019

Penalty

Initial $3,978 · Current $1,989 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 February 1, 2019 and at times prior thereto an employee worked in an area of a trench that was 6.3 feet deep.  Cave-in protection was not used. The employee did not recognize or acknowledge the hazard of working in an unprotected area of the trench or take action to have the hazard minimized or controlled.      b) Jobsite: On February 1, 2019 and at times prior thereto an employee worked inside a trench box without a safe means of egress.  The employee did not recognize or acknowledge the hazard of not having a safe way out of the trench box or take action to correct the hazard.        Note) Certification and documentation of corrective action is required for this item.

Issued

Feb 21, 2019

Penalty

Initial $0 · Current $0

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) Jobsite: On February 1, 2019 and at times prior thereto an employee performed pipe fitting activities within an 8 foot deep trench box without a safe means of egress.    b) Jobsite: On February 1, 2019 and at times prior thereto an employee performed pipe clearing activities in a 6.3 foot deep area of the trench without a safe means of egress.    Note) Corrected during inspection.

Issued

Feb 21, 2019

Abate by

Feb 27, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employee(s) was/were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety:  a) Jobsite: On February 1, 2019 when an employee began working in an area of the trench that was outside and away from the trench box, that employee was not removed from the area so a suitable protective system could be determined and put in place. This area of the trench was 6.3 feet deep.     Note) Certification and documentation of corrective action is required for this item.

Issued

Feb 21, 2019

Abate by

Feb 27, 2019

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) Jobsite: On February 1, 2019 and at times prior thereto an employee worked in an area of the trench that was outside and away from a trench box that was in place.  This area was 6.3 feet deep and a protective system was not used.   Note) Certification and documentation of corrective action is required for this item.

Issued

Feb 21, 2019

Abate by

Feb 27, 2019

Penalty

Initial $1,932 · Current $966 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) Jobsite: On February 1, 2019 an employee was exposed to a struck-by hazard from public vehicle traffic. The employee was not wearing any high visibility clothing or vest while setting up jobsite perimeter caution tape in a parking lot and along a heavily travelled public roadway.       Note) Certification of corrective action is required for this item.