OSHA Inspection: GOLDSTAR EXCAVATION AND SEWER

Issued

May 8, 2023

Abate by

Jun 9, 2023

Penalty

Initial $6,250 · Current $2,000 Reduced

Hazardous substances S777

General-duty citation text

29 CFR  1926.651(c)(2):  A stairway, ladder, ramp or other safe means of egress is not located in trench excavations that are 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) GoldStar Excavation and Sewer, 1013 W. Mountain Avenue, Fort Collins, CO; The employer is failing to ensure that workers assigned to work in trenches are provided a safe means of egress at least every 25 feet while working in trenches greater than 4 feet deep.  This violation occurred on November 9, 2022 at 1013 W. Mountain Avenue, Fort Collins, CO 80521 when an employee working in a trench was exposed to cave-in hazards when no exit ladder was available in the trench 8.5 feet in depth.  To abate this hazard the employer must ensure that safe egress is available at all times within 25 lateral feet of travel of work operations being conducted in the trench.

Issued

May 8, 2023

Abate by

Jun 9, 2023

Penalty

Initial $10,938 · Current $3,000 Reduced

Hazardous substances S777

General-duty citation text

29 CFR  1926.651(k)(1):  Daily inspections of excavations, the adjacent areas, and protective systems are not being made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions when employee exposure is reasonably anticipated.  An inspection is not conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections are also not made after every rainstorm or other hazard-increasing occurrence:   (a) GoldStar Excavation and Sewer, 1013 W. Mountain Avenue, Fort Collins, CO:  The employer is failing to ensure that a competent person is conducting inspections of trenches for evidence of hazardous conditions prior to workers entering to work inside the trenches.  This violation occurred on November 9, 2022, at 1013 W. Mountain Avenue, Fort Collins, CO 80521 when a worker was directed to enter a trench that was greater than 5 feet deep prior to an inspection conducted by a competent person. Photographs of the trench show a trench in the middle of a road, greater than 5 feet deep with a worker inside without protective systems, and holding a power tool that creates vibration, exposing them to a potential trench collapse. The employer routinely assigns workers to work inside trenches that had not been inspected by a competent person.  To abate this violation the employer must ensure that trenches are inspected by a competent person prior to employees entering the trenches at the start of work each day and after every rainstorm or other hazard-increasing occurrence.

Issued

May 8, 2023

Abate by

Jun 9, 2023

Penalty

Initial $93,755 · Current $17,000 Reduced

Hazardous substances S777

General-duty citation text

29 CFR  1926.21(b)(2):  The employer does not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her work environment to control or eliminate any hazards or other exposure to illness or injury:  (a) GoldStar Excavation and Sewer, 1013 W. Mountain Avenue, Fort Collins, CO:  The employer is failing to ensure that workers assigned to work in trenches are effectively trained to recognize the hazards of trenches and the methods to control the hazards.  This violation occurred on November 9, 2022, at 1013 W. Mountain Avenue, Fort Collins, CO 80521, when an employee working in a trench was exposed to hazardous conditions and was not effectively trained on the hazards of trenches and the methods to use to ensure that trenches are safe while conducting work inside them. The employer routinely assigns inexperienced and untrained workers to work in trenches despite their inability to recognize hazards and the methods to control hazards, including avoiding unsafe trench conditions.  To abate this violation the employer must ensure that the workers assigned to work in trenches are effectively trained on the recognition and avoidance of unsafe conditions and the regulations applicable to trench safety.

Issued

May 8, 2023

Abate by

Jun 9, 2023

Penalty

Initial $93,755 · Current $17,000 Reduced

Hazardous substances S777

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) GoldStar Excavation and Sewer, 1013 W. Mountain Avenue, Fort Collins, CO: The employer is failing to protect each employee performing work in trenches by properly sloping the trenches or by using appropriate protective systems designed in accordance with paragraph (b) or (c) of 29 CFR 1926.652.  This violation was committed on November 9, 2022, at  1013 W. Mountain Avenue, Fort Collins, CO 80521 when an employee was installing sewer lines in a vertical cut excavation that was greater than 5 feet deep without a protective system.   The employer routinely assigns workers to work inside trenches that are not protected from cave-ins by an adequate protective system.  To abate this violation the employer must ensure that the trenches are properly sloped, or that protective systems designed in accordance with this standard are used, and that no employees enter trenches until this protection is provided.

Issued

May 8, 2023

Abate by

Jun 9, 2023

Penalty

Initial $1,000 · Current $500 Reduced

General-duty citation text

29 CFR  1904.32(a): The employer did not ensure that at the end of the year an annual summary of injuries and illnesses on the OSHA 300 Log was created, certified and posted:  (a) GoldStar Excavation and Sewer, 1013 W. Mountain Ave., Fort Collins, CO 80521: On or about March 8, and at times prior, the employer did not certify and post a 300A summary for fiscal year 2022, exposing employees to incomplete knowledge of the employer's workplace injury and illness rates.

Issued

May 8, 2023

Abate by

Jun 9, 2023

Penalty

Initial $1,000 · Current $500 Reduced

General-duty citation text

29 CFR  1904.40(a): The employer did not provide an authorized government representative the records within the four business hours:   (a) GoldStar Excavation and Sewer, 1013 W. Mountain Ave., Fort Collins, CO 80521: On or about, March 13, 2023, the employer did not provide copies of the injury and illness records, logs and summaries, to an authorized representative within 4 hours of request, or by the requested date.