OSHA Inspection: MILLIGAN CONSTRUCTION CO.

Issued

Sep 9, 2024

Abate by

Oct 3, 2024

Penalty

Initial $6,452 · Current $3,000 Reduced

General-duty citation text

29 CFR  1926.200(g)(2): All traffic control signs or devices used for protection of construction workers shall conform to Part VI of the Manual of Uniform Traffic Control Devices (AMUTCD"), 1988 Edition, Revision 3, September 3, 1993, FHWA-SA-94-027 or Part VI of the Manual on Uniform Traffic Control Devices, Millennium Edition, December 2000, FHWA, which are incorporated by reference. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.  a) On or about July 23, 2024, the employer did not ensure that employees working in an active trench were protected from traffic in that the key elements of the MUTCD part 6 were not being followed.  Specifically, that the employer did not develop a Temporary Traffic Control Plan as required by MUTCD Section 6C.01, relying solely on the city of Sidney setup without adequate site-specific measures, and did not comply with MUTCD Section 6C.06 in that the cones were placed only 5 feet from the trench, failing to provide adequate buffer space to protect employees from errant vehicles.

Issued

Sep 9, 2024

Abate by

Oct 3, 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 or about July 23, 2024, the employer failed to ensure that acceptable means of egress was available to employees working in the trench, in that employees had to travel a distance greater than 25 feet to access the ramps at the north or south end of the excavation while performing work in the approximately 50 foot long trench, exposing the employees to crush-by and caught-in hazards.

Issued

Sep 9, 2024

Abate by

Oct 3, 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 July 23, 2024, the employer failed to ensure that adequate daily inspections of the excavations were completed prior to initiating work to verify that the protective system was being correctly utilized and maintained throughout the work period. Employees had to travel over 25 feet  to reach the slopes for exiting the excavation. As a result, employees were exposed to potential cave-in hazards while working in and exiting the approximately 6 foot 5 inch-foot deep trench.

Issued

Sep 9, 2024

Abate by

Oct 3, 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 except when:  a) On or about July 23, 2024, the employer failed to ensure that a trench box or an alternative protection system was in place prior to employees working in the 6 feet 5 inch deep excavation. As a result, employees were exposed to cave-in hazards while installing a new 12" water line to replace the existing 10".