OSHA Inspection: WAGNER CONSTRUCTION, INC.

Issued

Mar 16, 2020

Abate by

Mar 20, 2020

Penalty

Initial $10,390 · Current $11,506

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:    (a) On or about October 8, 2019, and at times prior, for the employees exposed to struck-by hazards while installing water supply pipe in a trench 11 feet deep with pipe suspended overhead, for the water transmission line 19-01 project, in the vicinity of STA 56+50, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (b) On or about October 9, 2019, for the employee exposed to struck-by hazards while installing water supply pipe in a trench 9 feet 6 inches deep, with a spoil pile less than 1 foot away from the edge of the trench and with pipe being suspended overhead, for the water transmission line 19-01 project, in the vicinity of STA 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Mar 16, 2020

Abate by

Mar 20, 2020

Penalty

Initial $0 · Current $0

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 October 8, 2019, for the employees exposed to struck-by hazards while installing water supply pipe in a trench where a large spoil pile was on the edge of the trench, for the water transmission line 19-01 project, in the vicinity of 58+50 to STA 59+60, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (b) On or about October 9, 2019, and at times prior, 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 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Mar 16, 2020

Abate by

Mar 20, 2020

Penalty

Initial $10,390 · Current $0 Reduced

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) On or about October 8, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench 9 feet 6 inches in depth where there was ground water undercutting the trench walls, for the water transmission line 19-01 project, in the vicinity of STA 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Mar 16, 2020

Abate by

Mar 20, 2020

Penalty

Initial $7,422 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): Where a portable ladder was used for access to an upper level landing surface and the ladder's length did not allow the ladder side rails to extend at least 3 feet (0.9 m) above the upper landing surface being accessed, the ladder was not secured at its top to a rigid support that will not deflect, and/or a grasping device was not provided to assist employees in mounting and dismounting the ladder:    (a) On or about October 8, 2019, for the employees exposed to fall hazards while installing water supply pipe in a trench where the ladder did not extend to the top of the trench, for the water transmission line 19-01 project, in the vicinity of 58+50 to STA 59+60, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Mar 16, 2020

Abate by

Mar 20, 2020

Penalty

Initial $103,902 · Current $100,000 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 October 7, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet deep with near-vertical walls while working outside the trench box and the manufacturer's tabulated data for the trench box in use was not followed, for the water transmission line 19-01 project, in the vicinity of STA 54+50 & STA 56+50, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (b) On or about October 8, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet 6 inches deep with near-vertical walls while working outside the trench box, where sloping or benching was not sufficient with the first bench being approximately 6 feet in height, with egress being approximately 40 feet away, the spoil pile on the edge of the trench, employees working without hard hats, and the manufacturer's tabulated data for the trench box was not followed, for the water transmission line 19-01 project, in the vicinity of STA 56+50 & STA 58+50 to 59+60, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (c) On or about October 9, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet 6 inches deep where the spoil pile was less than 1 foot away from the edge, the trench side wall was not adequately benched, and there was no means of egress, for the water transmission line 19-01 project, in the vicinity of STA 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Mar 16, 2020

Abate by

Mar 20, 2020

Penalty

Initial $0 · Current $0

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 October 7, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet deep with near-vertical walls while working outside the trench box and the manufacturer's tabulated data for the trench box in use was not followed with the spreaders not being installed flush with the sides of the trench box, for the water transmission line 19-01 project, in the vicinity of STA 54+50, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (b) On or about October 8, 2019, and at times prior, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 11 feet deep where employees were working outside the trench box, were exposed to near-vertical walls on the trench box ends, and the manufacturer's tabulated data for the trench box in use was not followed as the spreaders were not installed flush with the sides of the trench box, for the water transmission line 19-01 project, in the vicinity of STA 56+50, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (c) On or about October 8, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 10 feet deep where sloping or 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 58+50 to STA 59+60, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (d) On or about October 9, 2019, and at times prior for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet 6 inches deep, where the trench side wall had one 2 foot 6 inch wide bench, for the water transmission line 19-01 project, in the vicinity of STA 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Mar 16, 2020

Abate by

Mar 20, 2020

Penalty

Initial $103,902 · Current $65,000 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) On or about October 8, 2019, and at times prior, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 11 feet in depth where there was no means of egress or the egress was not accessible, for the water transmission line 19-01 project, in the vicinity of STA 56+50, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (b) On or about October 8, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 10 feet in depth where the ladder used for egress was approximately 40 feet away from the work area, for the water transmission line 19-01 project, in the vicinity of 58+50 to STA 59+60, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  (c) On or about October 9, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet 6 inches in depth where there was no means of egress, for the water transmission line 19-01 project, in the vicinity of STA 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.