OSHA Inspection: WAGNER CONSTRUCTION, INC.

Issued

Feb 21, 2020

Abate by

Feb 27, 2020

Penalty

Initial $10,390 · Current $13,494

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 27, 2019, for the employees exposed to struck-by hazards while installing water supply pipe in a trench where the spoil pile was placed directly on the edge of the trench for the water transmission line 19-01 project, in the vicinity of STA 64+00 to 69+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota. (b) On or about August 29, 2019, for the employee exposed to struck-by hazards while installing a water hydrant in a trench where a large spoil pile sat on the edge of the trench for the water transmission line 19-01 project, in the vicinity of STA 73+80, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota. (c) On or about August 29, 2019, for the employees exposed to struck-by hazards while installing water supply pipe in a trench where a large spoil pile ran the full length of the trench less than 1 foot away from the edge for the water transmission line 19-01 project, in the vicinity of STA 74+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.

Issued

Feb 21, 2020

Abate by

Feb 27, 2020

Penalty

Initial $7,422 · Current $0 Reduced

General-duty citation text

29 CFR 1926.652(g)(1)(iii): Employees were not protected from the hazard of cave-ins when entering or exiting the area protected by shields:     (a) On August 27, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench where the ladder was not located in the trench box for the water transmission line 19-01 project, in the vicinity of STA 64+00 to 69+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  (b) On or about August 29, 2019 for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 13 feet in depth where the ladder was not located in the trench box for the water transmission line 19-01 project, in the vicinity of STA 74+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.

Issued

Feb 21, 2020

Abate by

Feb 27, 2020

Penalty

Initial $7,422 · Current $0 Reduced

General-duty citation text

29 CFR 1926.652(g)(2):  Excavations of earth material to a level no greater than 2 feet (.61 m) below the bottom of a shield was permitted:      (a) On or about August 27, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench where earth material was excavated approximately 2 feet 10 inches below the bottom of the trench box for the water transmission line 19-01 project, in the vicinity of STA 64+00 to 69+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  (b) On or about August 29, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench where earth material was excavated 4 feet below the bottom of the trench box for the water transmission line 19-01 project, in the vicinity of STA 74+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.

Issued

Feb 21, 2020

Abate by

Feb 27, 2020

Penalty

Initial $103,902 · Current $0 Reduced

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) On or about August 27, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in trenches approximately 9 feet, and 10 feet 10 inches in depth where the spoil pile was on the edge of the trench, earth material was excavated 2 feet 10 inches below the bottom of the trench box, the ladder was not located in the trench box, and protective systems were not adequate for the water transmission line 19-01 project, in the vicinity of STA 64+00 to 69+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota. (b) On or about August 28, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet in depth where protective systems were not adequate for the water transmission line 19-01 project, in the vicinity of STA 69+00 to 72+82, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota. (c) On or about August 29, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe and a water hydrant in a trench approximately 13 feet in depth where a large spoil pile was less than 1 foot away from the trench edge, earth material was excavated 4 feet below the bottom of the trench box, the ladder was not located in the trench box, and the protective systems were not adequate for the water transmission line 19-01 project, in the vicinity of STA 73+80 & STA 74+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.

Issued

Feb 21, 2020

Abate by

Feb 27, 2020

Penalty

Initial $0 · Current $13,494

General-duty citation text

29 CFR 1926.652(a)(1): Each employee was not protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section:    (a) On or about August 27, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet in depth where sloping or benching was not sufficient leaving a near vertical wall for the water transmission line 19-01 project, in the vicinity of STA 64+00 to 69+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota. (b) On or about August 28, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet in depth where sloping or benching was not sufficient leaving a near vertical wall for the water transmission line 19-01 project, in the vicinity of STA 69+00 to 72+82, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota. (c) On or about August 29, 2019, for the employees exposed to cave-in and struck-by hazards while installing a water hydrant in a trench approximately 13 feet in depth where benching was not sufficient, with the first bench being approximately 6 feet in height for the water transmission line 19-01 project, in the vicinity of STA 73+80, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota. (d) On or about August 29, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 13 feet in depth, where the manufacturers tabulated data for the trench box in use was not followed by storing material adjacent to the trench in excess of 3 feet of soil surcharge and the spreaders were not installed flush with the sides of the trench box, and the trench box did not extend at least 18 inches above the top of the vertical side of the trench for the water transmission line 19-01 project, in the vicinity of STA 74+00, near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.