OSHA Inspection: MODERN BUILDERS INC.

Issued

Nov 7, 2019

Abate by

Dec 5, 2019

Penalty

Initial $3,789 · Current $2,652 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) Modern Builders, Inc. located at 105 E. Chestnut Street, Mount Vernon, OH 43050:  On and preceding October 15, 2019, the employer did not ensure that protection was provided by placing and keeping excavated or other materials or equipment at least 2 feet from the edge of trench.  Employees were installing plumbing and sealing the side of a building inside of a trench with the sections of the spoils on the edge of the trench near the area where work was being performed.  Materials on the edge of the trench included loose soil and large clumps of dirt. The following condition exposed employees to struck-by/caught-in hazards.

Issued

Nov 7, 2019

Abate by

Dec 5, 2019

Penalty

Initial $5,304 · 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 a 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) Modern Builders, Inc. located at 105 E. Chestnut Street, Mount Vernon, OH 43050:  On and preceding October 15, 2019,  the employer representative/designated competent person on site did not remove exposed employees from hazardous conditions with the trench that he was aware of. Two employees were working in an unprotected trench which varied between five feet and six inches (5'6") and eleven feet (11') deep as a part of a part of a building sealing and drain pipe installation.  The protective system inside of the trench was not adequate and spoils/materials were laying on the edge of a portion of the trench which the competent person was aware of.  The following condition exposed employees to struck-by/caught-in hazards.

Issued

Nov 7, 2019

Abate by

Dec 5, 2019

Penalty

Initial $5,304 · Current $3,713 Reduced

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) Modern Builders, Inc. located at 105 E. Chestnut Street, Mount Vernon, OH 43050:  On and preceding October 15, 2019, the employer did not ensure that employees were protected from the hazard of cave-ins by an adequate protective system. Two employees were working in an unprotected trench which varied between five feet and six inches (5'6") and eleven feet (11') deep as a part of a part of a building sealing and drain pipe installation.  The protective systems used was not adequate with the angle of the slope ranging from sixty (60) degrees to vertical and no other protective systems in place.  The following condition exposed employees to struck-by/caught-in hazards.