OSHA Inspection: BOWERS EXCAVATING LLC

Issued

Mar 17, 2023

Abate by

Apr 5, 2023

Penalty

Initial $12,031 · Current $100,000

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:  (a) On or about September 21, 2022, employees were working in a trench 10 feet deep installing a water line where there was accumulated water, no means of egress, overhead objects and material, and no protective system in type C soil with vertical walls where employees were unaware of the hazards in the vicinity of North 23rd Street & Kennedy Avenue in Bismarck, North Dakota.

Issued

Mar 17, 2023

Abate by

Mar 23, 2023

Penalty

Initial $120,319 · Current $16,666 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation is not being protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):  (a) Bowers Excavating LLC: The employer is failing to protect each employee performing work in trenches by properly sloping or benching the trenches or using appropriate protective systems designed in accordance with paragraph (b) or (c) of 29 CFR 1926.652. This violation was committed on September 21, 2022, at North 23rd Street & Kennedy Avenue in Bismarck, North Dakota when employees were installing water lines in a trench that was greater than five feet deep in type C soil, without a protective system. To abate this violation, the employer must ensure that its trenches are properly sloped, benched, or equipped with appropriate protective systems, and that no employees enter trenches until this protection is provided.  Note: This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1537210, Citation  2, Item 1b and was affirmed as a final order on October 28, 2021, with respect to a workplace located at Old Red Trail & Eighth Avenue NW in Mandan, North Dakota.  Note: This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1439850, Citation 2, Item 1b and was affirmed as a final order on December 4, 2019, with respect to a workplace located at 313 Fox Hills Parkway in Watford City, North Dakota.   Note: This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1416918, Citation 1, Item 2 and was affirmed as a final order on August 27, 2019, with respect to a workplace located at Schafer Street & College Drive in Bismarck, North Dakota.

Issued

Mar 17, 2023

Abate by

Mar 23, 2023

Penalty

Initial $24,063 · Current $16,667 Reduced

General-duty citation text

29 CFR 1926.651(h)(1): Employees are working in excavations in which there is accumulated water, or excavations in which water is accumulating, and adequate precautions are not being taken to protect employees against the hazards posed by water accumulation:  (a) Bowers Excavating LLC:  The employer is failing to ensure that accumulated water or excavations with accumulating water, have adequate precautions  in place to protect employees prior to employees entering the trench.  This violation occurred on September 21, 2022, at North 23rd Street & Kennedy Avenue in Bismarck, North Dakota when employees were directed to enter a trench that was greater than 5 feet deep where water was accumulating.  To abate this violation the employer must ensure that precautions are taken to protect employees against the hazards posed by water accumulation.  Note: This company was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1537210, Citation 1, Item 1, and was affirmed as a final order on October 28, 2021, with respect to a workplace located at or near Old Red Trail & Eighth Avenue NW in Mandan, North Dakota.

Issued

Mar 17, 2023

Abate by

Mar 23, 2023

Penalty

Initial $24,063 · Current $16,667 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Employees are not being protected from excavated or other materials or equipment that pose a hazard by falling or rolling into excavations:  (a) Bowers Excavating LLC:  The employer is failing to ensure that excavated material is removed from the edge prior to employees entering to work inside the trenches. This violation was occurred on September 21, 2022, at North 23rd Street & Kennedy Avenue in Bismarck, North Dakota when workers were directed to enter a trench that was greater than 5 feet deep where large chunks of excavated material were along the edge over the tops of workers.  To abate this violation, the employer must ensure that its employee's performing trenching and excavation work are protected from falling soil and rock, and that no employee is allowed into a trench or excavation without first ensuring the area above the employee is free from falling rock and soil.  Note:  This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA Inspection Number 1537210, Citation 3, Item 1b and was affirmed as a final order on October 28, 2021, with respect to a workplace located at Old Red Trail & Eighth Avenue NW in Mandan, North Dakota.  Note:  This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA Inspection Number 1439850, Citation 2, Item 1a and was affirmed as a final order on December 4, 2019, with respect to a workplace located at 313 Fox Hills Parkway in Watford City, North Dakota.   Note:  This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA Inspection Number 1416918, Citation 1, Item 1b and was affirmed as a final order on August 27, 2019, with respect to a workplace located at Schafer Street & College Drive in Bismarck, North Dakota.