OSHA Inspection: DBS, INC.

Issued

Nov 17, 2023

Abate by

Dec 21, 2023

Penalty

Initial $6,875 · Current $5,500 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer does not furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees in that employees are routinely exposed to fall hazards:  (a) DBS Inc. d/b/a Colorado Structural Repair, 4500 East Meadow Drive, Vail, CO 81657: (Building 3, southeast trench): The employer routinely creates a hazard by using an excavator to remove employees from trenches, as demonstrated on or before June 21, 2023, and at times prior, when employees were exposed to fall hazards of approximately 10' 2" while using a Bobcat E26 Compact Excavator Serial #B4S913146 as a means of access and egress into an unprotected trench.  Among other methods, feasible and acceptable abatement methods to correct this hazard are as follows:  1) Follow the Bobcat safety manual which warns: "Never let anyone ride on the work equipment or other attachments. There is a hazard of falling and suffering serious injury."   2) Follow the association of equipment manufacturers (AEM) safety manual for operating and maintenance personnel-Hydraulic excavator dated 02/03, which states on page 20 "Warning: Never use a bucket for a work platform or personnel carrier. 3) Follow NIOSH Publication No. 2004-107 ,"Preventing Injuries When Working with Hydraulic Excavator, and Backhoe Loaders" which states, "Never permit workers to ride in or work from excavator or backhoe loader buckets."

Issued

Nov 17, 2023

Penalty

Initial $6,875 · Current $5,500 Reduced

General-duty citation text

29 CFR 1926.651(b)(1): The estimated location of underground utility installations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be determined prior to excavation:  (a) DBS Inc. Dba Colorado Structural Repair, 4500 East Meadow Drive, (Building 3), Vail, CO 81657: The employer routinely fails to determine prior to excavations, the estimated locations of underground utility installations expected to be encountered during excavation work, as demonstrated on or before June 21, 2023, and at times prior, when employees were exposed to struck by hazards while working on foundations that did not have utility locates.

Issued

Nov 17, 2023

Penalty

Initial $6,875 · Current $5,500 Reduced

General-duty citation text

29 CFR 1926.651(b)(2): Utility companies or owners shall be contacted within established or customary local response times, advised of the proposed work, and asked to establish the location of the utility underground installations prior to the start of an actual excavation:   (a)  DBS Inc. Dba Colorado Structural Repair, 4500 East Meadow Drive, (Building 3), VAIL, CO 81657:  The employer routinely fails to contact utility companies or owners  about  the proposed work, and the location of the utility underground installations prior to the start of the actual excavation, as demonstrated on or before June 21, 2023, and at times prior, when employees were exposed to struck by hazards while working on foundations that did not have utility locates.

Issued

Nov 17, 2023

Abate by

Dec 21, 2023

Penalty

Initial $68,754 · Current $55,000 Reduced

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 29 CFR 1926.652 (b) or (c):  (a) DBS Inc. d/b/a Colorado Structural Repair, 4500 East Meadow Drive, (Building 3), Vail, CO 81657: The employer routinely fails to assure effective protection against cave-ins, as demonstrated on or before June 21, 2023, and times prior, when employees were exposed to cave in hazards while waterproofing a basement foundation wall when the southwest (SW) trench was greater than ten feet deep in type B soil.  (b) DBS Inc. d/b/a Colorado Structural Repair, 4500 East Meadow Drive, (Building 3), Vail, CO 81657: The employer routinely fails to assure effective protection against cave-ins, as demonstrated on or before June 21, 2023, and times prior, when employees were exposed to cave in hazards while waterproofing a basement foundation wall when the southeast (SE) trench was greater than ten feet deep in type B soil.

Issued

Nov 17, 2023

Abate by

Dec 21, 2023

Penalty

Initial $13,750 · Current $11,000 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 or more in depth so as to require no more than 25 feet of lateral travel for employees:  a) DBS Inc. d/b/a Colorado Structural Repair, 4500 East Meadow Drive, (Building 3), Vail, CO 81657: The employer routinely fails to assure that employees have a stairway, ladder, ramp, or other safe means of egress located in trench excavations that were 4 feet or more in depth so as to require no more than 25 feet of lateral travel for employees, as demonstrated on or before June 21, 2023, and at times prior, when the employer did not ensure a means of egress was provided so that employees could safely access and egress a trench. Employees were waterproofing a basement foundation wall in an approximately 10-foot-deep trench. This exposed employees to cave in and struck by hazards.    DBS Inc. d/b/a Colorado Structural Repair 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 1483881, citation number 3, item number 1 and was affirmed as a final order on 01/06/2021, with respect to a workplace located at 9276 Desert Willow Rd., Highlands Ranch, CO, 80129.

Issued

Nov 17, 2023

Abate by

Dec 21, 2023

Penalty

Initial $13,750 · Current $11,000 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 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) DBS Inc. d/b/a Colorado Structural Repair, 4500 East Meadow Drive, (Building 3), Vail, CO 81657: The employer routinely fails to assure effective protection against excavated or other materials or equipment from falling or rolling into excavations, as demonstrated on or before June 21, 2023, and at times prior, when the employer did not ensure that protection was provided to protect employees working in trenches from being struck by rocks and clods soil placed close to the edge of the trench. Spoils piles were placed within 8 to 20 inches of the edge of the southeast trench. This exposed employees to struck by and caught in hazards.   DBS Inc. d/b/a Colorado Structural Repair was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651 (j)(2), which was contained in OSHA inspection number 1483881, citation number 1, item number 4 and was affirmed as a final order on 01/06/2021, with respect to a workplace located at 9276 Desert Willow Rd., Highlands Ranch, CO, 80129.

Issued

Nov 17, 2023

Abate by

Dec 21, 2023

Penalty

Initial $13,750 · Current $11,000 Reduced

General-duty citation text

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems shall be 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. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated. An inspection of the excavations, the adjacent areas, and no protective systems were provided by the competent person prior to the start of work and as needed:  (a) DBS Inc. d/b/a Colorado Structural Repair, 4500 East Meadow Drive, (Building 3), Vail, CO 81657: The employer routinely fails to ensure that a competent person performs daily inspections of excavations, the adjacent areas, and protective systems, as demonstrated on n or before June 21, 2023, and at times prior, when the employer did not ensure that daily inspections were conducted by the competent person as required. This condition exposed employees to cave-in hazards and to the hazards of being struck by falling materials.   DBS Inc. d/b/a Colorado Structural Repair was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651 (k)(1), which was contained in OSHA inspection number 1483881, citation number 2, item number 1/b and was affirmed as a final order on 01/06/2021, with respect to a workplace located at 9276 Desert Willow Rd., Highlands Ranch, CO, 80129.