OSHA Inspection: RACK & BALLAUER EXCAVATING CO., INC.

Issued

Apr 25, 2024

Penalty

Initial $6,452 · Current $6,452

General-duty citation text

29 CFR  1926.651(c)(2):Means of egress from trench excavations. A stairway, ladder, ramp or other safe means of egress shall be located in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees.  a)On February 29, 2024, the employer did not provide a means of egress from the 5 ft 2 in deep excavation in that there was no ladder, ramp or stairway available to use by employees inside the excavation thus exposing them to crush-by and caught-in hazards.

Issued

Apr 25, 2024

Penalty

Initial $6,452 · Current $0 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 February 29, 2024, located on a commercial jobsite, an employee entered into an excavation 5 ft 2 in in-depth and there was not an adequate inspection conducted before the work beginning by a competent person to ensure a protective system was being utilized and means of access/egress were provided.

Issued

Apr 25, 2024

Penalty

Initial $6,452 · Current $0 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.  a) On or about February 29, 2024, the employer did not ensure any means of conventional cave-in protection was being used to protect employees from potential collapse in and around a 5 ft 2 in deep excavation with vertical walls.

Issued

Apr 25, 2024

Penalty

Initial $4,610 · Current $4,610

General-duty citation text

29 CFR  1926.1153(c)(1):Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) On or about February 29, 2024, the employer had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) for using a Husqvarna K770 handheld power cutter (14 in blade), in that, the employer had not ensured employees were using a continuous watering system when dry cutting the road containing respirable silica dust.

Issued

Apr 25, 2024

Penalty

Initial $4,610 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(d)(2)(i):General. The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section.  a) a) On or about February 29, 2024, the employer had not assessed employees' exposure to respirable crystalline silica while dry cutting on asphalt roadways.