OSHA Inspection: BLACK EAGLE CONSTRUCTION, LLC

Issued

2020-03-27 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $6748.00 · Current $4500.00 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, excavation #1: On March 2, 2020 and at times prior thereto a clear path of egress was not maintained for employees working in an excavation.  Employees did not recognize or acknowledge the hazard of not having safe egress out of the trench or take action to correct the hazard.     b) Jobsite, excavation #1: On March 2, 2020 and at times prior thereto excavated materials and construction materials were not removed from or placed away from the excavation.  Employees did not recognize or acknowledge the hazard and take action to minimize the hazard.      c) Jobsite, excavation #1:  On March 2, 2020 and at times prior thereto employees worked above uncapped rebar stakes. Employees did not recognize or acknowledge the hazard and take action to minimize the hazard.       e) Jobsite, excavation #3: On or about March 2, 2020 and at times prior thereto employees worked in an excavation without a cave-in protective system in place.  The excavation was 6.4 to 7.4 feet deep with vertical walls.  Employees did not recognize or acknowledge the hazards of working in close proximity to an unsupported excavated wall, or the actions needed to minimize or control the hazard.      Note) Certification of corrective actions are required for these items.

Issued

2020-03-27 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems was not made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection was not conducted by the competent person prior to the start of work and as needed throughout the shift:  a) Jobsite, excavation #1: On March 2, 2020 and at times prior thereto a competent person was not on site who could identify hazardous conditions in an excavation.  A clear path or other safe means of egress was not maintained for employees working in an excavation.     b) Jobsite, excavation #1: On March 2, 2020 and at times prior thereto a competent person was not on site who could identify hazardous conditions in an excavation.  Excavated materials and construction materials and that could roll or slide into the excavation were not removed or placed away from the excavation.      c) Jobsite, excavation #1:  On March 2, 2020 and at times prior thereto a competent person was not on site who could identify hazardous conditions in an excavation.  Employees in the excavation worked above uncapped rebar stakes.   d) Jobsite, excavation #3: On or about March 2, 2020 and at times prior thereto a competent person was not on site who could identify hazardous conditions in an excavation.  Appropriate actions were not taken to correct or minimize hazards as the conditions of the excavation changed.  Employees worked in areas that were 6.4 to 7.4 feet deep, with 5 to 5.5 feet between unsupported excavated walls and the wooden concrete forms the employees were building.     Note) The competent person definition applicable to this subpart means one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.      Note) Certification of corrective actions are required for these items.

Issued

2020-03-27 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $4048.00 · Current $2700.00 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) Excavation #1: On March 2, 2020 and at times prior thereto a clear path of egress was not maintained for employees working in an excavation.  Employees had to climb on loose soil and rocks to get in and out of the excavation.             Note) Certification of corrective action is required for this item.

Issued

2020-03-27 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $6747.00 · Current $4500.00 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations:     a) Excavation #1: On March 2, 2020 and at times prior thereto employees worked in an excavation with a 40 degree sloped wall.  Excavated materials and construction materials were not removed from or placed away from the top of the excavation so as not to pose a potential hazard of rolling or sliding into the excavation.               Note) Certification of corrective action is required for this item.

Issued

2020-03-27 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Excavation #3: On or before March 3, 2020 employees worked in a 6.4 to 7.4 foot deep excavation to build a concrete irrigation box. The space between the near vertical excavated walls and the wooden forms was 5.5 feet. A cave-in protective system was not in place  Note) Certification of corrective action is required for this item.

Issued

2020-03-27 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $5397.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1926.701(b): All protruding reinforcing steel, onto which employees could fall, was not guarded to eliminate the hazard of impalement:    a) Jobsite: On March 2, 2020 and at times prior thereto employees were exposed to an impalement hazard from uncapped rebar.  Employees worked directly above the uncapped rebar while installing metal clips on a wooden concrete form they were building.      Note) Certification of corrective action is require for this item.