OSHA Inspection: LEGEND UNDERGROUND CONSTRUCTION LLC

Issued

Aug 19, 2022

Abate by

Sep 15, 2022

Penalty

Initial $2,486 · Current $1,243 Reduced

General-duty citation text

29 CFR 1926.20(b)(1): The employer did not initiate and maintain such programs as may be necessary to comply with this part:  On May 13, 2022, employees of Legend Underground Construction LLC were performing horizontal drilling at the intersection of Wilmer Road and Veterans Memorial Parkway, Wentzville, Missouri.  The employer did not develop and maintain an programs to prevent workplace injuries.

Issued

Aug 19, 2022

Abate by

Sep 15, 2022

Penalty

Initial $0 · Current $0

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 his work environment to control or eliminate any hazard(s) or other exposure to illness or injury:  On May 13, 2022, employees of Legend Underground Construction LLC were performing horizontal drilling at the intersection of Wilmer Road and Veterans Memorial Parkway, Wentzville, Missouri.  The employer did not ensure employees were trained to recognize engulfment hazards associated with working in an excavation.  Employees were observed working in a trench measuring 3 feet wide x 9 feet long x 5.5 feet deep.

Issued

Aug 19, 2022

Penalty

Initial $3,315 · Current $1,658 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 (.61 m) from the edge of 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:  On May 13, 2022, employees of Legend Underground Construction LLC were performing horizontal drilling at the intersection of Wilmer Road and Veterans Memorial Parkway, Wentzville, Missouri.   The spoils pile was not located at least two feet from the edge of the excavation.  The weight of the spoils on the trench wall exposed employees to engulfment and struck-by hazards.

Issued

Aug 19, 2022

Penalty

Initial $5,801 · Current $2,901 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 paragraph (b) or (c) of this section:  On May 13, 2022, employees of Legend Underground Construction LLC were performing horizontal drilling at the intersection of Wilmer Road and Veterans Memorial Parkway, Wentzville, Missouri.  Employees were removing a Reamer head while inside the trench measuring approximately 3 feet wide x 9 feet long x 5.5 feet deep.  The trench did not have a protective system designed in accordance with paragraph (b) or (c).  Employees were exposed to engulfment and struck-by hazards.

Issued

Aug 19, 2022

Abate by

Sep 15, 2022

Penalty

Initial $829 · Current $415 Reduced

General-duty citation text

9 CFR 1904.40(a):  The employer did not provide an authorized government representative the records within four business hours:  On May 16, 2022 Legend Underground Construction LLC was in receipt of an official document request for OSHA 300 injury and illness logs.  The employer failed to provide copies of the OSHA 300 log injury and illness records for Commonwealth Construction Co. within (4) business hours of the records being requested both verbally and in writing.