OSHA Inspection: THOMAS EXCAVATING, LLC

Issued

Jun 24, 2020

Penalty

Initial $3,856 · Current $1,928 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:  a) Thomas Excavating, LLC located at 431 Gwinett St. Delaware, OH 43015:  On and preceding May 21, 2020, the employer did not ensure that an employee working in an excavation where there was a possible danger of head injury from impact, or falling or flying objects was protected by protective helmets.  An employee was working in the corner near two vertical faces of a basement excavation close to the excavator bucket without a hard hat.  The following condition exposed the employee to struck by hazards to the head.

Issued

Jun 24, 2020

Abate by

Jul 21, 2020

Penalty

Initial $3,856 · Current $1,928 Reduced

General-duty citation text

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems.  a) Thomas Excavating, LLC located at 431 Gwinett St. Delaware, OH 43015:  On and preceding May 21, 2020, the employer did not ensure that daily inspections of excavations, the adjacent areas, and protective systems were made by a competent person.  An employee was working in the corner near two vertical faces of a basement excavation that was 6-7 feet deep.  The excavation had water present from significant rain before and during the work and heavy equipment, an excavator and dump truck, were being operated near the edge of the excavation. Inspections were not performed by a competent person to determine protective measures needed to work in the excavation with these conditions.

Issued

Jun 24, 2020

Abate by

Jul 21, 2020

Penalty

Initial $3,856 · Current $0 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) Thomas Excavating, LLC located at 431 Gwinett St. Delaware, OH 43015:  On and preceding May 21, 2020,  the employer did not ensure that employees were protected from the hazard of cave-ins by an adequate protective system. An employee was working in the corner near two vertical faces of a basement excavation that was 6-7 feet deep.  The excavation had water present from significant rain before and during the work and heavy equipment, an excavator and dump truck, were being operated near the edge of the excavation. No protective measures were in place to protect the employee working in the excavation which exposed him to struck-by/caught-in hazards.

Issued

Jun 24, 2020

Abate by

Jul 21, 2020

Penalty

Initial $3,084 · Current $1,542 Reduced

General-duty citation text

29 CFR 1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired.  a) Thomas Excavating, LLC located at 431 Gwinett St. Delaware, OH 43015:  On and preceding May 21, 2020, the employer did not ensure that a portable ladder with a broken rung was removed from service.  An employee was using portable ladder for access/egress from a basement excavation with the top rung broken.  The follow condition expose employees to falls from height.