OSHA Inspection: KPH, INC.

Issued

Feb 2, 2023

Abate by

Feb 8, 2023

Penalty

Initial $10,938 · Current $7,500 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 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) On October 26, 2022 an employee was installing water line in a trench 13 feet deep at or near South of I94 on 34th Street SE Valley City, North Dakota, or Lat Long coordinates of 46.914340, -97.964714.

Issued

Feb 2, 2023

Abate by

Feb 8, 2023

Penalty

Initial $10,938 · Current $7,500 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) On or about October 26, 2022, at or near South of I94 on 34th Street SE Valley City, North Dakota, or Lat Long coordinates of 46.914340, -97.964714,  an employee was working in a trench 13 feet deep where there was no protective systems in place, no means of egress, equipment was exposed to live power lines and an inspection was not conducted by a competent person trained in soil analysis, the use of protective systems and the requirements of the standards.

Issued

Feb 2, 2023

Abate by

Feb 8, 2023

Penalty

Initial $60,156 · Current $40,000 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 or about October 26, 2022, an employee was working in a trench 13 feet deep where he egressed from the near vertical wall at or near South of I94 on 34th Street SE Valley City, North Dakota, or Lat Long coordinates of 46.914340, -97.964714.    Note: KPH Incorporated was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(c)(2), which was contained in OSHA inspection number 1240571, citation number 2, item number 2 and was affirmed as a final order on 09-22-2017, with respect to a workplace located at or near the intersection of First Avenue East & Fourth Street East in West Fargo, ND.  Note: KPH Incorporated was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(c)(2), which was contained in OSHA inspection number 1482323, citation number 1, item number 1 and was affirmed as a final order on 12-14-2020, with respect to a workplace located at or near Cemetery on First Avenue North in Kindred, North Dakota.

Issued

Feb 2, 2023

Abate by

Feb 8, 2023

Penalty

Initial $0 · Current $0

Hazardous substances S777

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 October 26, 2022 an employee was in a trench 13 feet deep installing a sewer line at or near South of I94 on 34th Street SE Valley City, North Dakota, or Lat Long coordinates of 46.914340, -97.964714.   Note: KPH Incorporated was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.652(a)(1), which was contained in OSHA inspection number 1240571, citation number 1, item number 2 and was affirmed as a final order on 09-22-2017, with respect to a workplace located at or near the intersection of First Avenue East & Fourth Street East in West Fargo, ND.

Issued

Feb 2, 2023

Abate by

Jun 30, 2023

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 conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  (a) On October 26, 2022 employees were exposed to hazards involving electrical shock, cave in protection, head protection, and means of egress at or near South of I94 on 34th Street SE Valley City, North Dakota, or Lat Long coordinates of 46.914340, -97.964714.

Issued

Feb 2, 2023

Abate by

Jun 30, 2023

Penalty

Initial $0 · Current $0

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) On October 26, 2022 an employee was working in a trench 13 feet deep with large pieces of clumped soil overhead at or near South of I94 on 34th Street SE Valley City, North Dakota, or Lat Long coordinates of 46.914340, -97.964714.