OSHA Inspection: BACKHOE EXCAVATING, INC.

Issued

Sep 25, 2019

Abate by

Oct 30, 2019

Penalty

Initial $3,789 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1200(g)(8):  The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work areas:    a)  Backhoe Excavating, Inc. at 925 Camberly Drive, Windsor, CO 80550:  On or before April 16, 2019, the employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work areas.  These chemicals included Oatey Purple Primer, Oatey Glue, engine oil, hydraulic oil, transmission oil, diesel fuel, and Tuff Seal.  These conditions exposed employees to chemical hazards.    Abatement note:  29 CFR 1926.59 provides that the requirements applicable to construction work under this section are identical to those set forth in 1910.1200 of this chapter.

Issued

Sep 25, 2019

Abate by

Oct 30, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    a)  Backhoe Excavating, Inc. at 925 Camberly Drive, Windsor, CO 80550:  On or before April 16, 2019, the employer did not provide effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area.  Employees were not trained on chemicals used the work area such as, but not limited to, Oatey Purple Primer, Oatey Glue, engine oil, hydraulic oil, transmission oil, diesel fuel, and Tuff Seal.  These conditions exposed employees to chemical hazards.    Abatement note:  29 CFR 1926.59 provides that the requirements applicable to construction work under this section are identical to those set forth in 1910.1200 of this chapter.

Issued

Sep 25, 2019

Abate by

Oct 30, 2019

Penalty

Initial $5,304 · Current $5,304

General-duty citation text

29 CFR 1926.651(h)(1): Employees were working in excavations in which there was accumulated water, or excavations in which water was accumulating, and adequate precautions had not been taken to protect employees against the hazards posed by water accumulation:    a)  Backhoe Excavating, Inc. at 925 Camberly Drive, Windsor, CO 80550:  On or before April 16, 2019, the employer did not remove employees from a trench where water had accumulated until necessary precautions had been taken.  The competent person had asked another employee to get a water pump for use in the trench. The employees worked in the trench while the water was accumulating with no protective systems in place. This condition exposed employees to cave-in hazards because water can undercut trench walls and contribute to a cave-in hazard.

Issued

Sep 25, 2019

Abate by

Oct 30, 2019

Penalty

Initial $5,304 · Current $5,304

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 employees were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety.    a)  Backhoe Excavating, Inc. at 925 Camberly Drive, Windsor, CO 80550:  On or before April 16, 2019, where the competent person found evidence of a situation that could result in possible cave-ins, including the lack of protective systems and water accumulation, the competent persons did not remove themselves from the excavation, and did not take prompt corrective measures to mitigate or eliminate these hazards.  Two employees were installing a sewer line in a trench approximately 31 feet long, 5 feet wide, and approximately 14 feet deep, with near vertical walls in type B soil, without a trenchbox or shoring, and without adequate sloping or benching.  The trench collapsed, resulting in the fatal injuries of two employees.  This condition exposed employees to cave-in and struck-by hazards.

Issued

Sep 25, 2019

Abate by

Oct 30, 2019

Penalty

Initial $13,260 · Current $13,260

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)  Backhoe Excavating, Inc. at 925 Camberly Drive, Windsor, CO 80550:  On or before April 16, 2019, the competent persons did not ensure that each competent person in an excavation was protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c).  Two employees were installing a sewer line in a trench approximately 31 feet long, 5 feet wide, and approximately 14 feet deep, with near vertical walls in type B soil, without a trenchbox or shoring, and without adequate sloping or benching.  The trench collapsed, resulting in the fatal injuries of two employees.  This condition exposed employees to cave-in and struck-by hazards.

Issued

Sep 25, 2019

Abate by

Oct 30, 2019

Penalty

Initial $3,789 · Current $1,132 Reduced

General-duty citation text

29 CFR 1926.1053(b)(15): Ladders were not inspected by a competent person for visible defects on a periodic basis and after an occurrence that could affect their safe use:    a)  Backhoe Excavating, Inc. at 925 Camberly Drive, Windsor, CO 80550:  On or before April 16, 2019, the employer did not ensure that ladders were inspected by a competent person for visible defects on a periodic basis and after an occurrence that could affect their safe use.  A ladder used on site had a bent rung and was missing a foot.  A second ladder mounted on a truck and available for use was missing two feet.  These conditions exposed employees to fall hazards.

Issued

Sep 25, 2019

Abate by

Oct 30, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired:    a)  Backhoe Excavating, Inc. at 925 Camberly Drive, Windsor, CO 80550:  On or before April 16, 2019, the employer did not ensure that portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired.  A ladder used on site had a bent rung and was missing a foot.  A second ladder mounted on a truck and available for use was missing two feet.  These conditions exposed employees to fall hazards.