OSHA Inspection: MIDWEST EXCAVATING, LLC

Issued

Jul 30, 2019

Abate by

Aug 23, 2019

Penalty

Initial $5,304 · Current $3,000 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)Midwest Excavating, LLC at 735 East El Dorado Court, Sioux Falls, SD 57108:  On or about and at times prior to April 29, 2019, the employer did not ensure a safe means of egress was located in an excavation over four feet in depth for employee use. An employee working within the trench excavation was not provided with egress after the stepladder was removed. This condition exposed an employee to the hazard of trench cave-in.

Issued

Jul 30, 2019

Abate by

Aug 23, 2019

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)Midwest Excavating, LLC at 735 East El Dorado Court, Sioux Falls, SD 57108: On or about and at times prior to April 29, 2019, the employer did not ensure  the side rails of a stepladder extended at least three feet above the top of the excavation. Employees utilized a six-foot Louisville stepladder, model # FS2506, to egress a trench excavation that was approximately 7 feet and 6 inches deep. The side rails of the stepladder did not extend three feet past the sidewalk or top of the excavation.

Issued

Jul 30, 2019

Abate by

Aug 23, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(4): Ladders were used for purposes other than the purpose for which they were designed:  (a)Midwest Excavating, LLC at 735 East El Dorado Court, Sioux Falls, SD 57108: On or about and at times prior to April 29, 2019, the employer did not ensure that the six-foot Louisville stepladder was being used in accordance with manufacturer's recommendations. The ladder was not open with the spreaders locked while employees used the ladder to access and egress a trench excavation. The ladder was closed and leaned against the sidewall of the excavation. This condition exposed employees to a fall hazard of approximately 7 feet and 6 inches within the excavation.

Issued

Jul 30, 2019

Abate by

Aug 23, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1060(a): The employer did not provide a training program for each employee using ladders and stairways, as necessary, which would enable each employee to recognize hazards related to ladders and stairways and train each employee in the procedures to be followed to minimize these hazards:   (a)Midwest Excavating, LLC at 735 East El Dorado Court, Sioux Falls, SD 57108:  On or about and at times prior to April 29, 2019,  the employer did not ensure each employee was provided with a training program using ladders to train in the procedures to be followed to minimize hazards related to ladders. This condition exposed employees to a fall hazard while using a six-foot stepladder to access and egress a trench excavation.   Abatement Note:  The employer shall ensure that each employee has been trained by a competent person in the following areas, as applicable:     (a)        The nature of fall hazards in the work area;     (b)        The correct procedures for erecting, maintaining, and disassembling the ladder being being used;     (c)        The proper construction, use, placement, and care in handling of all stairways and ladders;     (d)       The maximum intended load-carrying capacities of ladders; and     (e)        The standards contained in this subpart.

Issued

Jul 30, 2019

Abate by

Aug 23, 2019

Penalty

Initial $53,039 · Current $36,200 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)Midwest Excavating, LLC at 735 East El Dorado Court, Sioux Falls, SD 57108:  On or about and at times prior to April 29, 2019, the employer failed to ensure employees were protected from cave-in and struck-by hazards while working within an excavation deeper than five feet. On April 29, 2019, an employee accessed a trench excavation measuring 7 feet and 6 inches in depth with vertical walls, to repair a residential water line that had a leaking valve. The employer did not utilize a protective system to ensure employees were protected while working within the trench. This condition exposed employees to a cave-in and struck-by hazard associated with working in an unprotected trench excavation.

Issued

Jul 30, 2019

Abate by

Aug 23, 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 employees were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety:  (a)Midwest Excavating, LLC at 735 East El Dorado Court, Sioux Falls, SD 57108: On or about and at times prior to April 29, 2019, the employer did not ensure that employees were removed from an excavation that was 7 feet 6 inches in depth, 3 feet in width, and 5 feet 8 inches in length. The competent person did not identify that the trench was greater than 5 feet in depth, had vertical walls with no protective system in place, did not conduct a soil analysis, was undercut near the bottom, potential struck-by hazards, and improper ladders/usage to enter and exit the excavation. This condition exposed employees to struck-by hazards / crushing injuries associated with trench wall cave-in and fall hazards associated to improper ladder/usage.