OSHA Inspection: SPIELMAN EXCAVATING LLC

Issued

Oct 31, 2019

Abate by

Nov 27, 2019

Penalty

Initial $3,789 · Current $3,500 Reduced

General-duty citation text

29 CFR 1926.20(b)(1): The employer did not initiate and maintain accident prevention programs as necessary to comply with this part:    (a)Spielman Excavating LLC at 4617 South Duluth Avenue, Sioux Falls, SD 57107:  On or about and at times prior to October 15, 2019, the employer did not ensure that a safety or health program was initiated and/or maintained to provide compliance with the general safety and health provisions of this standard, in that the employer had not developed or implemented a comprehensive employee safety and health program.

Issued

Oct 31, 2019

Abate by

Nov 27, 2019

Penalty

Initial $3,031 · Current $2,900 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:    (a)Spielman Excavating LLC at 4617 South Duluth Avenue, Sioux Falls, SD 57107:  On or about and at times prior to October 15, 2019, the employer did not provide training to employees regarding hazards associated with the work environment in that employees did not understand and recognize such hazards as excavations, ladder safety, or the hazards associated with demo saw usage.  This condition exposed employees to struck-by hazards.

Issued

Oct 31, 2019

Abate by

Nov 27, 2019

Penalty

Initial $3,789 · Current $3,296 Reduced

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)Spielman Excavating LLC at 4617 South Duluth Avenue, Sioux Falls, SD 57107:  On or about and at times prior to October 15, 2019, the employer did not ensure the spoil pile on the south trench was 2 feet from the trench. The excavation measured 50 feet in length, 9 feet 9 inches in depth on the east end where the employee was working. This condition exposed the employees to the hazard of the materials falling into the trench or causing the trench wall to collapse.

Issued

Oct 31, 2019

Abate by

Nov 27, 2019

Penalty

Initial $5,304 · Current $5,304

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) Spielman Excavating LLC at 4617 South Duluth Avenue, Sioux Falls, SD 57107:  On or about and at times prior to October 15, 2019, the employer did not ensure employees were protected by cave-in and struck-by hazards while working within the southern excavation that was deeper than five feet to install sewer and water lines to new residential homes.  (a) Spielman Excavating LLC at 4617 South Duluth Avenue, Sioux Falls, SD 57107:  On or about and at times prior to October 15, 2019, the employer did not ensure employees were protected by cave-in and struck-by hazards while working within the northern excavation that was deeper than five feet to a install sewer line to new residential home.

Issued

Oct 31, 2019

Abate by

Nov 27, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(k)(1): An inspection of the excavations, the adjacent areas, and protective systems was not conducted by the competent person prior to the start of work and as needed throughout the shift:  (a)Spielman Excavating LLC at 4617 South Duluth Avenue, Sioux Falls, SD 57107:  On or about and at times prior to October 15, 2019, the employer did not ensure that daily inspections of a trench, that was over five feet in depth and the adjacent area were made by the competent person for evidence of a situation that could have resulted in a hazardous condition, in that the competent person did not identify that the two excavations on site had nearly vertical and vertical walls, inadequate benching, no safe means of egress, and spoils piles less than two feet from the excavation.  This condition exposed employees to a crushing, cave-in, and struck-by hazards associated with trench wall failure.

Issued

Oct 31, 2019

Abate by

Nov 27, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(b)(4): While the excavation was opened, underground installations were not protected, supported or removed as necessary to safeguard employees:    (a)Spielman Excavating LLC at 4617 South Duluth Avenue, Sioux Falls, SD 57107:  On or about and at times prior to October 15, 2019, the employer did not ensure that a gas main running through the southern excavation for approximately 20 feet was adequately supported to safeguard employees.  This condition exposed employees to potential hazards associated with damaged gas lines.