OSHA Inspection: PRO-EX CONTRACTORS, INC.

Issued

Jul 13, 2023

Abate by

Aug 8, 2023

Penalty

Initial $10,938 · Current $2,730 Reduced

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 or about March 23, 2023, and at times prior,  employees were exposed to cave-in and struck-by hazards in that, the employer did not train employees on recognition of the hazards associated with trenching and excavation work, regulations applicable to their environment to control or eliminate hazards and protective measures used to prevent trench collapse.

Issued

Jul 13, 2023

Abate by

Aug 8, 2023

Penalty

Initial $4,687 · Current $1,235 Reduced

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 or about March 23, 2023, the employer did not ensure that employees working inside excavations and near earthmoving equipment where there was a possible danger of head injury from impact, or falling or flying objects were protected by protective helmets.

Issued

Jul 13, 2023

Abate by

Aug 8, 2023

Penalty

Initial $6,250 · Current $1,560 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 March 23, 2023, employees were exposed to cave-in and struck-by hazards in that, the employer did not provide a safe means of egress from excavations that were in excess of 4 feet in depth. Employees entered the excavation to make sewer and water connections and perform associated work and did not have a safe means of egress.

Issued

Jul 13, 2023

Abate by

Aug 8, 2023

Penalty

Initial $6,250 · Current $1,560 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Protection is not being 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 are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.  a) The employer is failing to protect each employee performing work in excavations by not placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations from struck-by hazards, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. This practice led to employees being unprotected from hazards posed by excavated materials falling or rolling into the excavation on or about March 23, 2023, and at times prior, at 11457 Rushpink Street, Colorado Springs, CO 80925 where excavated materials were not kept at least 2 feet from the edge of the excavation or restrained by retaining devices.   b) The employer is failing to protect each employee performing work in excavations by not placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations from struck-by hazards, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. This practice led to employees being unprotected from hazards posed by excavated materials falling or rolling into the excavation on or about March 23, 2023, and at times prior, at 11445 Rushpink Street, Colorado Springs, CO 80925 where excavated materials were not kept at least 2 feet from the edge of the excavation or restrained by retaining devices.  Abatement Note: Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from the hazards of excavated or other materials falling or falling into excavations. (An abatement plan, periodic progress reports, and provision of site addresses may be required if the abatement period is more than 90 days.)

Issued

Jul 13, 2023

Abate by

Aug 8, 2023

Penalty

Initial $10,938 · Current $2,730 Reduced

General-duty citation text

29 CFR 1926.651(k)(1): An inspection of the excavations, and the adjacent areas, was not conducted by the competent person prior to the start of work and as needed throughout the shift:  a) On or about March 23, 2023, the employer did not ensure that excavations, and adjacent areas, were inspected by a competent person as needed throughout the shift. The site was inspected in the morning before excavation began, however no additional inspections were conducted before employees entered the excavation to install sewer and water lines.  An employee entered the excavation and had no safe means of access or egress, and excavated material was within 2 feet of the excavation's edge.

Issued

Jul 13, 2023

Abate by

Aug 8, 2023

Penalty

Initial $93,755 · Current $25,250 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)  The employer is failing to protect each employee performing work in excavations from cave-in hazards by using appropriate protective systems designed in accordance with paragraph (b) or (c) of 29 CFR 1926.652.  This practice led to employees being unprotected from cave-in hazards on or about March 23, 2023, and at times prior,  where the employer did not protect employees from cave-ins by an adequate protective system at 11457 Rushpink Street, Colorado Springs, CO 80925 while installing sewer and water connections in an unprotected excavation in excess of 5 feet in depth.  b) The employer is failing to protect each employee performing work in excavations from cave-in hazards by using appropriate protective systems designed in accordance with paragraph (b) or (c) of 29 CFR 1926.652.  This practice led to employees being unprotected from cave-in hazards on or about March 23, 2023, and at times prior,  where the employer did not protect employees from cave-ins by an adequate protective system at 11445 Rushpink Street, Colorado Springs, CO 80925 while installing sewer and water connections in an unprotected excavation in excess of 9 feet in depth.   Abatement Note: Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from the hazards of trench cave in. (An abatement plan, periodic progress reports, and provision of site addresses may be required if the abatement period is more than 90 days.)