OSHA Inspection: WEISZ & SONS, INC.

Issued

Feb 2, 2023

Abate by

Apr 3, 2023

Penalty

Initial $5,156 · Current $5,156

General-duty citation text

29 CFR 1926.651(l): Guardrails complying with 1926.502(b) were not provided where walkways were 6 feet (1.8m) or more above lower levels:  (a) On August 5, 2022, at or near 520 16th Street NE in Mandan, North Dakota, while employees were installing a 21 inch sanitary sewer line,  a scaffold plank was used as a bridge or walkway to access the ladder in the trench shield at a height of 16 feet while entering and exiting the trench .

Issued

Feb 2, 2023

Abate by

Apr 3, 2023

Penalty

Initial $12,031 · Current $12,031

General-duty citation text

29 CFR  1926.652(d)(2): Manufactured materials and equipment used for protective systems were not used and maintained in a manner that would have prevented employee exposure to hazards:  (a) On August 5, 2022 and at times prior, at or near 520 16th Street NE in Mandan, North Dakota, employees were working within a trench shield that had previously been mishandled and/or damaged, which jeopardized the strength and integrity of the shield and nullified the engineering certification.

Issued

Feb 2, 2023

Abate by

Apr 3, 2023

Penalty

Initial $12,031 · Current $6,813 Reduced

General-duty citation text

29 CFR  1926.652(g)(2): Excavations of earth material to a level  greater than 2 feet (.61m) below the bottom of a shield was permitted:   (a) On August 5, 2022 and at times prior, at or near 520 16th Street NE in Mandan, North Dakota, employees were installing sanitary sewer in a trench box installed in a manner that placed the employees at risk of cave in hazards.

Issued

Feb 2, 2023

Abate by

Apr 3, 2023

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 paragraph (b) or (c) of this section:   (a) On August 5, 2022 and at times prior, at or near 520 16th Street NE in Mandan, North Dakota, employees were installing sanitary sewer in a trench of approximately 16 feet in depth, the employees were exposed to cave-in hazards .  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1) which was contained in OSHA inspection number 1523749 citation number 2 item number 2b and was affirmed as a final order on September 08, 2021, with respect to a workplace located in the vicinity of 500 Old Red Trail in Mandan, North Dakota.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 1338000, citation number 1, item number 1c and was affirmed as a final order on September 04, 2018 with respect to a workplace located  at or near the intersection of East Broadway Avenue and North Ninth Street in Bismarck, ND.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(a)(1), which was contained in OSHA inspection number 1335147, citation number 1, item number 1b and was affirmed as a final order on September 4, 2018, with respect to a workplace located  at or near the intersection of 43rd Avenue and Ottawa Street in Bismarck, North Dakota.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 1317674, citation number 1, item number 1b and was affirmed as a final order on September 04, 2018, with respect to a workplace located at or near the intersection of North Mandan Street and East Avenue B in Bismarck, ND.

Issued

Feb 2, 2023

Abate by

Apr 3, 2023

Penalty

Initial $24,063 · Current $16,000 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) On August 5, 2022, and at times prior, at or near 520 16th Street NE in Mandan, North Dakota, employees working in a trench 16 or more feet deep did not have access to a safe means of egress.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(c)(2), which was contained in OSHA inspection number 1523749, citation number 1, item number 1a and was affirmed as a final order on September 8, 2021, with respect to a workplace located in the vicinity of 500 Old Red Trail in Mandan, North Dakota.

Issued

Feb 2, 2023

Abate by

Apr 3, 2023

Penalty

Initial $137,508 · Current $100,000 Reduced

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result 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 have been taken to ensure their safety:   (a) On August 5, 2022 and at times prior, at or near 520 16th Street NE in Mandan, North Dakota, employees were installing sanitary sewer in a trench of approximately 16 feet in depth and were not removed from hazards such as but not limited to: the trench box installed more than two feet above the bottom of the trench, using a trench box in a manner not approved by the manufacturer, falling to lower levels,  being struck by loose soil and rock falling from the trench face, and cave-in hazards due to the lack of adequate protective systems.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) which was contained in OSHA inspection number 1338000, citation number 1 item number 1b and was affirmed as a final order on September 04, 2018, with respect to a workplace located at or near the intersection of East Broadway Avenue and North Ninth Street in Bismarck, North Dakota.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) , which was contained in OSHA inspection number 1335147, citation number 1, item number 1a and was affirmed as a final order on September 04, 2018 with respect to a workplace located at or near the intersection of  43rd Avenue and Ottawa Street in Bismarck, North Dakota.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) , which was contained in OSHA inspection number 1317646, citation number 1, item number 1a and was affirmed as a final order on September 4, 2018, with respect to a workplace located at or near the intersection of North Mandan Street and East Avenue B in Bismarck, North Dakota.  The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) , which was contained in OSHA inspection number 1523749, citation number 2, item number 1a and was affirmed as a final order on September 08, 2021, with respect to a workplace located in the vicinity of 500 Old Red Trail in Mandan, North Dakota.