OSHA Inspection: HMH CONSTRUCTION, LLC

Issued

Feb 7, 2020

Abate by

Mar 5, 2020

Penalty

Initial $9,446 · Current $5,000 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 the work environment to control or eliminate any hazards or other exposure to illness or injury:    a) Jobsite: On January 14, 2020 and at times prior thereto employees worked in a 5 to 6 foot deep trench without the proper cave-in protective system in place.  The employer and employees did not recognize or acknowledge the hazards of working in an unprotected area of a trench, the protective system required, or the actions needed to correct or control the hazards.       b) Jobsite: On January 14, 2020 and at times prior thereto a ladder or other safe means of egress was not readily available to employees working in an area of the trench that was 5 to 6 feet deep.  Employees did not recognize or acknowledge the hazard of not having safe egress out of the trench or take action to correct the hazard.     c) Jobsite: On January 10, 2020 employees worked in a 12 to 16 foot deep trench without a complete cave-in protective system in place.  A single 8 foot high trench box was used, exposing employees to 4 to 8 feet of the vertical, excavated trench wall above them.  The employer and employees did not recognize or acknowledge the hazardous situation and did not take immediate action to correct or control the hazard.     d) Jobsite: On January 10, 2020 and at times prior thereto a ladder or other safe means of egress was not available for employees working in a 12 to 16 foot deep trench.  Employees did not recognize or acknowledge the hazard of not having safe egress out of the trench or take action to correct the hazard.     e) Jobsite: On January 10, 2020 an employee worked outside of an 8 foot high trench box, in a 12 to 16 foot deep trench, where accumulated ground water was also present.  The employer and employee did not recognize or acknowledge the extremely hazardous situation and did not take immediate action to correct or control the hazard.     Note) Certification and documentation of corrective actions are required for these items.

Issued

Feb 7, 2020

Abate by

Feb 13, 2020

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) Jobsite: On January 14, 2020 and at times prior thereto an inspection of the trench and protective system was not done by a competent person through-out the shift as the depth of the trench progressed.  Employees worked in an area of the trench that was 5 to 6 feet deep without a proper cave-in protective system in place.     b) Jobsite: On January 10, 2020 and at times prior thereto an inspection of the trench and protective system was not done by a competent person through-out the shift.  After part of the cave-in protective system was removed, employees continued to work inside an 8 foot high trench box, within a 12 to 16 foot deep trench.  This left 4 to 8 feet of excavated trench wall above them.     c) Jobsite: On January 10, 2020 and at times prior thereto an inspection of the trench conditions was not done by a competent person through-out the shift as the ground water accumulated and was not adequately controlled by the pumps being used.       Note) Certification and documentation of corrective actions are required for these items.

Issued

Feb 7, 2020

Abate by

Feb 13, 2020

Penalty

Initial $0 · Current $0

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 had been taken to ensure their safety:  a) Jobsite: On January 14, 2020 and at times prior thereto employees were allowed to continue working in a trench that was 5 to 6 feet deep without an adequate cave-in protective system in place.    b) Jobsite: On January 14, 2020 and at times prior thereto a ladder or other safe means of egress was not readily available to employees working in an area of the trench that was 5 to 6 feet deep.    c) Jobsite: On January 10, 2020 employees were allowed to continue working in a 12 to 16 foot deep trench after part of the protective system was removed.  A single 8 foot high trench box was left in place, exposing the employees to the 4 to 8 feet of the vertical, excavated trench wall above them.     d) Jobsite: On January 10, 2020 employees were allowed to work in a 12 to 16 foot deep trench without a ladder or other safe means of egress in place.    Note) Certification and documentation of corrective actions are required for these items.

Issued

Feb 7, 2020

Abate by

Feb 13, 2020

Penalty

Initial $4,048 · Current $2,100 Reduced

General-duty citation text

29 CFR 1926.28(a): The employer did not require the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions:    a) On January 14, 2020 and at times prior thereto, employees were exposed to a struck-by hazard from construction and heavy equipment traffic.  Employees were not wearing any high visibility clothing or vests.  The employees were not readily visible to the heavy equipment operators and construction vehicle traffic. The construction equipment included but was not limited to an excavator and front end loader.         Note) Certification of corrective action is required for this item.

Issued

Feb 7, 2020

Abate by

Feb 13, 2020

Penalty

Initial $9,446 · Current $5,000 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) Jobsite: On January 14, 2020 and at times prior thereto a safe means of egress was not in place while employees worked in an 5 to 6 foot deep trench.  An extension ladder was approximately 60 feet away from the where the employees were working.       b) Jobsite: On January 10, 2020 and at times prior thereto a safe means of egress was not in place while employees worked in a 12 to 16 foot deep trench, both inside and outside of an 8 foot high trench box.  Ground water was present.    Note) Certification and documentation of corrective actions are required for these item.

Issued

Feb 7, 2020

Abate by

Feb 13, 2020

Penalty

Initial $9,446 · Current $5,700 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) of this section:     a) Jobsite: On January 14, 2020 and at times prior thereto employees worked in a 5 to 6 foot deep trench installing a sewer line.  The proper cave-in protective system was not in place.         b) Jobsite: On January 10, 2020 and at times prior thereto employees worked inside an 8 foot high trench box, within an approximate 12 to 16 foot deep trench.  Employees were not protected from the potential cave-in hazard of the additional 4 to 8 feet of excavated trench wall above the trench box.     c) Jobsite: On January 10, 2020 and at times prior thereto an employee was exposed to a cave-in hazard while working outside of an 8 foot high trench box that was in an approximate 12 to 16 foot deep trench.              NOTE) Abatement certification and documentation are required for these items.