OSHA Inspection: M&T EXCAVATING, LLC

Issued

Jun 18, 2019

Abate by

Jul 8, 2019

Penalty

Initial $3,580 · Current $2,148 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer shall 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.    The employer did not adequately instruct an employee who was in a sewer line trench with a depth of approximately 7 ft. on May 1, 2019, at the intersection of W. Church and Harrison Avenue, Bradford, on the safety and health requirements of working in a trench or excavation.  The instruction did not address the supporting or removing of a telephone pole next the to trench posing a hazard to the employee working in the trench, working while water was in the trench, no means of egress out of the trench, dirt and asphalt not being moved at least 2 ft. from the edge of the trench and no cave-in protection while working the trench.

Issued

Jun 18, 2019

Abate by

Jun 24, 2019

Penalty

Initial $2,558 · Current $3,580

General-duty citation text

29 CFR 1926.651(a): Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees.    On May 1, 2019, at the intersection of W. Church and Harrison Avenue, Bradford, a 40 ft. telephone pole was located next to an open sewer line trench, approximately 7 ft. in depth and was not removed or supported by guyed wires and/or cribbing to safeguard the employee working in the trench.

Issued

Jun 18, 2019

Abate by

Jun 24, 2019

Penalty

Initial $3,580 · Current $0 Reduced

General-duty citation text

29 CFR 1926.651(c)(2): Means of egress from trench excavations. A stairway, ladder, ramp or other safe means of egress shall be located in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees.    On May 1, 2019, at the intersection of W. Church and Harrison Avenue, Bradford, an employee in the sewer line trench with water in the bottom approximately 7 ft. in depth in the did not have a means of egress out of the trench, stairway, ladder, ramp or other safe means of egress.

Issued

Jun 18, 2019

Abate by

Jun 24, 2019

Penalty

Initial $3,581 · Current $0 Reduced

General-duty citation text

29 CFR 1926.651(h)(1): Employees shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline.    On May 1, 2019, at the intersection of W. Church and Harrison Avenue, Bradford, an employee was in the sewer line trench, approximately 7 ft. in depth, and where water in the trench was accumulating and no precautions had been taken to protect the employee from a cave-in hazard posed by water accumulation.

Issued

Jun 18, 2019

Abate by

Jun 24, 2019

Penalty

Initial $3,580 · Current $0 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.    On May 1, 2019, at the intersection of W. Church and Harrison Avenue, Bradford, asphalt, dirt and other materials located outside sewer line trench were not located at least 2 ft. from the edge of the trench excavation to prevent the materials to fall or roll into the trench where an employee was working.

Issued

Jun 18, 2019

Abate by

Jun 24, 2019

Penalty

Initial $3,581 · Current $0 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when:    On May 1, 2019, at the intersection of W. Church and Harrison Avenue, Bradford, an employee was in a sewer line trench, 7 ft. width, approximately 7 ft. in depth without an adequate protective system to be protected against cave-in.