OSHA Inspection: OPELL EXCAVATING, LLC

Issued

May 10, 2024

Abate by

May 22, 2024

Penalty

Initial $6,452 · Current $3,871 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.  a. On or about January 4, 2024, at a worksite near 1314 Jefferson County 34 in Steubenville, Ohio, the employer did not ensure an excavation was inspected by a competent person to identify hazards and the use of appropriate protective systems.  Employees were working in an excavation that was approximately 6-feet deep conducting horizontal boring operations without  competent person inspections being performed prior to employees entering the excavation, exposing employees to cave-in hazards.

Issued

May 10, 2024

Abate by

May 22, 2024

Penalty

Initial $6,452 · Current $3,871 Reduced

General-duty citation text

29 CFR  1926.652(a)(1):Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when:  a. On or about January 4, 2024, at a worksite near 1314 Jefferson County 34 in Steubenville, Ohio, the employer did not ensure that employees were protected from cave-in hazards while working in an excavation that was approximately 6 feet deep. Employees were operating a boring machine in a trench where there was no protective system in place, exposing employees to cave-in hazards.

Issued

May 10, 2024

Abate by

May 22, 2024

Penalty

Initial $4,610 · Current $2,766 Reduced

General-duty citation text

29 CFR  1904.39(a)(2): Basic Requirement. Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.   a. On or about January 4, 2024, at a worksite near 1314 Jefferson County 34 in Steubenville, Ohio,  the employer did not notify OSHA of an in-patient hospitalization of an employee within 24 hours.  An employee was injured in a work-related incident and admitted to the hospital on January 4th.  The employer did not report the in-patient hospitalization to OSHA.