OSHA Inspection: FIRST RATE EXCAVATE, INC.

Issued

2019-12-10 00:00:00

Abate by

2020-01-07 00:00:00

Penalty

Initial $4347.00 · Current $3000.00 Reduced

General-duty citation text

29 CFR 1926.200(g)(2): Traffic control signs or devices used for protection of construction workers did not conform to Part VI of the Manual of Uniform Traffic Control Devices (MUTCD"), 1988 Edition, Revision 3, September 3, 1993, FHWA-SA-94-027 or Part VI of the Manual on Uniform Traffic Control Devices, Millennium Edition, December 2000, FHWA, which are incorporated by reference:      (a)First Rate Excavate, Inc. at a jobsite on Hwy 11, Garretson, SD 57030: On or about and at times prior to July 25, 2019, the employer did not ensure employees were protected from struck-by hazards while working in a live lane of traffic. A Kobelco SK350 excavator was positioned and working in a live lane of traffic while excavating for the installation of a reinforced concrete pipe culvert under a driveway to a rural residence. Motor vehicles had to stop and wait for bi-directional traffic to pass before moving into the adjacent lane to pass the excavator. The employer did not implement the correct principles of proper temporary traffic control regarding work in a live-lane of traffic to ensure employees were protected. This condition exposed the employees to being struck by motor vehicles in the work zone.       Abatement Note: Among other methods, a feasible and acceptable abatement method to correct this hazard is to assign a person who is knowledgeable in the principles of proper temporary traffic control. The most important duty should be to ensure that all temporary traffic control devices of the project are reasonably consistent with the traffic control plan and are effective in providing safe conditions for workers. These specific duties are outlined in the Manual on Uniform Traffic Control Devices Millennium Edition on page 6B.01.       Abatement Note: Manual on Uniform Traffic Control Devices (MUTCD) Millennium Edition on page 6D.01 says "The various temporary traffic control for pedestrian and worker safety set forth in Part 6 shall be applied by knowledgeable (for example, trained and/or certified) persons after appropriate evaluation and engineering judgment."