OSHA Inspection: DAVID G. HORSEY & SONS, INC.

Issued

Aug 20, 2021

Abate by

Sep 16, 2021

Penalty

Initial $12,288 · Current $8,602 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 condition(s) and the regulation(s) applicable to this work environment to control or eliminate any hazard(s) or other exposure to illness or injury:  a) Southwest of intersection of Delaware Route 20 and Sheep Pen Road, Millsboro, DE 19966:  On or about 02/26/2021; the employer failed to ensure that employees engaged in trenching and excavation activities were instructed to recognize hazards associated with working in trenches exposing them to a trench collapse while installing a sewer pipe in a trench measuring approximately 12 feet in depth.  The trench had one of the ends unprotected, the walls of the trench were within 2 feet of the trench at least 5 feet above the trench box, and the ladder that was to be used for egress had been removed for another project going on at the site.

Issued

Aug 20, 2021

Penalty

Initial $12,288 · Current $8,602 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) Southwest of intersection of Delaware Route 20 and Sheep Pen Road, Millsboro, DE 19966:  On or about 02/26/2021;  the employer failed to ensure a ladder or other safe means of egress was available in the trench that was approximately 12 feet deep and 30 feet long.   The trench had a ladder for egress but it was removed for another project at the site and a ramp was put in.  The excavator (being operated by the competent person) was filling in the ramp with 3 employees still in the trench working.

Issued

Aug 20, 2021

Penalty

Initial $12,288 · Current $0 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 the 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) Southwest of intersection of Delaware Route 20 and Sheep Pen Road, Millsboro, DE 19966:  On or about 02/26/2021; employees were exposed to excavated materials immediately above the work area where several feet of soil was present above the upper lip of the protective system which could fall in on the employees.

Issued

Aug 20, 2021

Penalty

Initial $12,288 · Current $8,602 Reduced

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could have resulted in 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 were taken to ensure their safety:  a) Southwest of intersection of Delaware Route 20 and Sheep Pen Road, Millsboro, DE 19966:  On or about 02/26/2021; the employer failed to ensure that the competent person removed employees from hazardous conditions.  The competent person required employees to enter and work in a trench with undermined and unsupported structures, no shields at the end allowing soil from cracking and fissuring edges continue to breach the work area designated in the trench box.   Furthermore, the competent person had no information or recollection of inspecting/verifying the work area was free of hazards.

Issued

Aug 20, 2021

Penalty

Initial $12,288 · Current $8,602 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 paragraph (b) or (c) of 29 CFR 1926.652.  a) Southwest of intersection of Delaware Route 20 and Sheep Pen Road, Millsboro, DE 19966:  On or about 02/26/2021; the employer failed to protect employees working in a trench by an adequate protective system.  Employees engaged in trenching and excavating work adding a new sewer line to a new multi-unit residential development.   The competent person required employees to enter and work in a trench with unsupported structures, no shield at the end allowing soil to breach the work area, and the trench walls were improperly benched and did not have a proper protective shield in place.

Issued

Aug 20, 2021

Abate by

Sep 16, 2021

Penalty

Initial $12,288 · Current $0 Reduced

General-duty citation text

29 CFR  1926.652(e)(2)(i):  Excavation of material to a level no greater than 2 feet (.61 m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system.  a)  Southwest of intersection of Delaware Route 20 and Sheep Pen Road, Millsboro, DE 19966:  On or about 02/26/2021; the employer failed to protect employees working in a trench by an adequate protective system.  Material was excavated greater than 2 feet below the bottom of support members while employees working in the trench to install a new residential sewer connection.