OSHA Inspection: DIAMOND CONTRACTORS, LLC

Issued

Mar 27, 2020

Abate by

Mar 30, 2020

Penalty

Initial $2,892 · Current $1,446 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 the controlling employer, Diamond Construction, created a hazard for the sub-contractor employees when rocks and construction materials were not removed from the sloped wall of the excavation or placed away from the top of the excavation so as not to pose a potential hazard by rolling or sliding into the excavation where the sub-contractor employees worked.               Note) Certification of corrective action is required for this item.

Issued

Mar 27, 2020

Abate by

Mar 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person finds 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 shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety:  a) Jobsite, excavation #1: On March 2, 2020 and at times prior thereto the competent person for the controlling employer, Diamond Construction, created a hazard by not having a clear path of egress from an excavation that the controlling employer had dug.  The sub-contractor's employees were working in the excavation erecting wooden forms for a concrete irrigation box after the controlling employer had finished installing drainage pipes in the excavation.          b) Jobsite, excavation #1: On March 2, 2020 and at times prior thereto the competent person for the controlling employer, Diamond Construction, created a hazard by not ensuring all excavated materials, or construction materials, that could roll or slide down the sloped wall, were removed or placed away from the top of the excavation.  The sub-contractor's employees were working in the excavation erecting wooden forms for a concrete irrigation box after the controlling employer had finished installing drainage pipes in the excavation.            c) Jobsite, excavation #3: On or about March 2, 2020 and at times prior thereto the controlling employer, Diamond Construction, did not ensure its sub-contractor protected their employees from excavated walls while building a concrete irrigation box in an excavation that the controlling employer had dug.  The excavation was 6.4 to 7.4 feet deep, with 5.5 feet between the wooden concrete forms and the excavated walls.  A cave-in protective system was not in place.       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

Mar 27, 2020

Abate by

Mar 30, 2020

Penalty

Initial $2,892 · Current $1,446 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 the controlling employer, Diamond Construction, did not ensure its sub-contractor protected their employees by maintaining a clear path of egress out of an excavation that the controlling employer had dug.  Sub-contractor employees had to climb on loose soil and rocks to get out of the excavation.             Note) Certification of corrective action is required for this item.

Issued

Mar 27, 2020

Abate by

Mar 30, 2020

Penalty

Initial $0 · Current $0

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 the controlling employer, Diamond Construction, did not ensure that its sub-contractor protected their employees while working 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)  Abatement certification is required for this item.