OSHA Inspection: WAGNER CONSTRUCTION INC

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $6,026 · Current $6,026

General-duty citation text

29 CFR 1926.1053(b)(4): Ladder(s) were used for purposes other than the purpose for which they were designed:  Wagner Construction, Inc did not protect each employee working in a trench installing curb stops while using an 8-foot A-Frame step ladder in the folded position as a means of egress, which is not the intended use as per manufactures recommendations.   a) On or about June 1, 2023, at or near 801 14th Street NW, Minot, North Dakota, employees working in a trench installing curb stops while using an 8-foot A-Frame step ladder as a means of egress, using it in the folded position, which is not intended as per manufactures recommendations.  b) On or about June 2, 2023, at or near 1404 7th Avenue NW, Minot, North Dakota, employees working in a trench installing curb stops while using an 8-foot A-Frame step ladder as a means of egress, using it in the folded position, which is not intended as per manufactures recommendations.  c) On or about June 3, 2023, at or near 611 9th Street NW and 822 7th Avenue NW, Minot, North Dakota, employees working in a trench installing curb stops while using an 8-foot A-Frame step ladder as a means of egress, using it in the folded position, which is not intended as per manufactures recommendations.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $30,938 · Current $30,938

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:    Wagner Construction, Inc. is failing to protect each employee performing work in trenches without the use of head protection. These violations were committed on or about June 3, 2023, when employees were installing curb stops at or near 901/905 7th Avenue NW, Minot, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 1, Item 1a, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $30,938 · Current $30,938

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:    Wagner Construction, Inc. is failing to protect each employee performing work in trenches without the use of head protection. These violations were committed on or about June 5, 2023, when employees were installing curb stops at or near 809 15th Street NW, Minot, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 1, Item 1a, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $30,938 · Current $30,938

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:    Wagner Construction, Inc. is failing to protect each employee performing work in trenches without the use of head protection. These violations were committed on or about June 6, 2023, when employees were installing water lines at or near 1518 7th Avenue NW, Minot, North Dakota and had equipment, tools, materials and debris along the edge above the employees  working in the trench below.   Wagner Construction, Inc. previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 1, Item 1a, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

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:  Wagner Construction, Inc. is failing to protect each employee performing work in trenches by providing a safe means of access and egress within trenches. These violations were committed on or about June 1, 2023, when employees were installing curb stops in a trench greater than four feet in depth without a ladder or other safe means of egress provided within 25 feet of lateral travel for employees.    a) At or near 708 14th Street NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  b) At or near 715 14th Street NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  c) At or near 1508 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street in Bismarck, North Dakota.    Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

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:  Wagner Construction, Inc. is failing to protect each employee performing work in trenches by providing a safe means of egress out of a trench. These violations were committed on or about June 2, 2023, when employees were installing curb stops in a trench greater than four feet in depth without a ladder or other safe means of egress provided within 25 feet of lateral travel for employees.   a) At or near 1404 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  b) At or near 712 14th Street NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

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:  Wagner Construction, Inc. is failing to protect each employee performing work in trenches by providing a safe means of egress out of a trench. These violations were committed on or about June 3, 2023, when employees were installing curb stops in a trench greater than four feet in depth without a ladder or properly sloped ramp provided within 25 feet for emergency egress.   a) At or near 901/905 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

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:  Wagner Construction, Inc. is failing to protect each employee performing work in trenches by providing a safe means of egress out of a trench. These violations were committed on or about June 6, 2023, when employees were installing curb stops in a trench greater than four feet in depth without a ladder or other safe means of access and egress provided within 25 feet of lateral travel for employees.   a) At or near 1518 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth..  b) At or near 1514 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  c) At or near 1508 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

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:  Wagner Construction, Inc. is failing to protect each employee performing work in trenches by providing a safe means of egress out of a trench. These violations were committed on or about June 7, 2023, when employees were installing curb stops in a trench greater than four feet in depth without a ladder or properly sloped ramp provided within 25 feet for emergency egress.   a) At or near 1504 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  b) At or near 701 15th Street NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $30,938 · Current $30,938

General-duty citation text

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations, or by a combination of both if necessary:  Wagner Construction, Inc., is failing to protect each employee performing work within trenches from being struck-by objects falling or rolling into the trench. These violations were committed on or about June 5, 2023, and at times prior, at or near 809 15th Street NW, Minot, North Dakota, where employees were exposed to overhead struck-by hazards when working in a trench installing a water line where the spoil pile was not set back two feet.   Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 1, Item 1b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 1a, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $30,938 · Current $30,938

General-duty citation text

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations, or by a combination of both if necessary:  Wagner Construction, Inc., is failing to protect each employee performing work within trenches from being struck by objects falling or rolling into the trench. These violations were committed on or about June 7, 2023, and at times prior, at or near 1518 7th Avenue NW, Minot, North Dakota, where employees were exposed to overhead struck-by hazards when working in a trench installing a water line where the spoil pile was not set back two feet.   Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 1, Item 1b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 1a, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):  Wagner Construction, Inc. 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. These violations were committed on or about June 1, 2023, where employees were exposed to cave-in hazards while installing water lines in trenches greater than five feet in depth without protective systems in place. 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.  a) At or near 804 14th Street NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   b) At or near 708 14th Street NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   c) At or near 1316 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   d) At or near 715 14th Street NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   e) At or near 801 14th Street NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   f) At or near 1508 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   g) At or near 701 15th Street NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street, Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 2, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1343799, Citation 1, Item 1b, and was affirmed as a final order on February 25, 2019, with respect to a workplace located near Fourth Avenue West & Ninth Street West in Williston, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):  Wagner Construction, Inc. 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. These violations were committed on or about June 2, 2023, where employees were exposed to cave-in hazards while installing water lines in trenches greater than five feet in depth without protective systems in place. 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.  a) At or near 1514 7th Avenue NW, Minot, North Dakota, employees were exposed to cave-in hazards while installing curb stops in a trench greater than five feet in depth.   b) At or near 1414 7th Avenue NW, Minot, North Dakota, employees were exposed to cave-in hazards while installing curb stops in a trench greater than five feet in depth.   c) At or near 1410 7th Avenue NW, Minot, North Dakota, employees were exposed to cave-in hazards while installing curb stops in a trench greater than five feet in depth.   d) At or near 712 14th Street NW, Minot, North Dakota, employees were exposed to cave-in hazards while installing curb stops in a trench greater than five feet in depth.   e) At or near 804 15th Street NW, Minot, North Dakota, employees were exposed to cave-in hazards while installing curb stops in a trench greater than five feet in depth.   f) At or near 1404 7th Avenue NW, Minot, North Dakota, employees were exposed to cave-in hazards while installing curb stops in a trench greater than five feet in depth.   Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street, Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 2, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1343799, Citation 1, Item 1b, and was affirmed as a final order on February 25, 2019, with respect to a workplace located near Fourth Avenue West & Ninth Street West in Williston, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):  Wagner Construction, Inc. 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. These violations were committed on or about June 3, 2023, where employees were exposed to cave-in hazards while installing water lines in trenches greater than five feet in depth without protective systems in place. 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.  a) At or near 901/905 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   b) At or near 611 9th Street NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   c) At or near 816 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   d) At or near 822 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   e) At or near 814 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing curb stops in a trench greater than five feet in depth.   Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street, Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 2, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1343799, Citation 1, Item 1b, and was affirmed as a final order on February 25, 2019, with respect to a workplace located near Fourth Avenue West & Ninth Street West in Williston, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):  Wagner Construction, Inc. 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. These violations were committed on or about June 5, 2023, where employees were exposed to cave-in hazards while installing water lines in trenches greater than five feet in depth without protective systems in place. 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.  a) At or near 809 14th Street NW, Minot, North Dakota, employees were exposed to cave in hazards while installing water main pipe in a trench greater than five feet in depth.   b) At or near 809 15th Street NW, Minot, North Dakota, employees were exposed to cave-in hazards while installing water main pipe in a trench greater than five feet in depth.   Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street, Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 2, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1343799, Citation 1, Item 1b, and was affirmed as a final order on February 25, 2019, with respect to a workplace located near Fourth Avenue West & Ninth Street West in Williston, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):  Wagner Construction, Inc. 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. These violations were committed on or about June 6, 2023, where employees were exposed to cave-in hazards while installing water lines in trenches greater than five feet in depth without protective systems in place. 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.  a) At or near 1518 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing water main pipe in a trench greater than five feet in depth.   b) At or near 1514 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing water main pipe in a trench greater than five feet in depth.  c) At or near 1508 7th Avenue NW, Minot, North Dakota, employees were exposed to cave in hazards while installing water main pipe in a trench greater than five feet in depth.   Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street, Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 2, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1343799, Citation 1, Item 1b, and was affirmed as a final order on February 25, 2019, with respect to a workplace located near Fourth Avenue West & Ninth Street West in Williston, North Dakota.

Issued

Nov 29, 2023

Abate by

Jan 3, 2024

Penalty

Initial $154,688 · Current $154,688

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):  Wagner Construction, Inc 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 or about June 7, 2023, at or near 701 15th Street NW, Minot, North Dakota, where employees were exposed to cave-in hazards while installing water main pipe in trenches greater than five feet in depth without protective systems in place. 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.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street, Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 2, Item 2b, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1427072, Citation 1, Item 2, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.  Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1343799, Citation 1, Item 1b, and was affirmed as a final order on February 25, 2019, with respect to a workplace located near Fourth Avenue West & Ninth Street West in Williston, North Dakota.