OSHA Inspection: BERGER EXCAVATING CONTRACTORS INC.

Issued

2025-06-10 00:00:00

Penalty

Initial $12768.00 · Current $10000.00 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 (.61m) 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)	On or about March 10, 2025, an employee was not protected from the hazard of falling or rolling excavated material that was placed and kept at the edge of the trench while working inside of the trench.    No abatement certification or documentation required for this violation.

Issued

2025-06-10 00:00:00

Abate by

2025-07-08 00:00:00

Penalty

Initial $8511.00 · Current $8511.00

General-duty citation text

29 CFR 1926.652(g)(2):  Excavations of earth material to a level greater than 2 feet (.61m) below the bottom of a shield was permitted:    a)  On or about March 10, 2025, the employer permitted its employees to enter the trench and perform work when the earth material was excavated approximately 3 feet below the bottom of the support system.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2025-06-10 00:00:00

Abate by

2025-07-08 00:00:00

Penalty

Initial $21281.00 · Current $11000.00 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(c):   a)	On or about March 10, 2025, employees were not protected from the hazard of cave-ins by shoring, sloping, or other protective means while working in a trench having a depth of approximately 11.6 feet. South end of trench was unprotected from cave-in hazards.  Berger Excavating Contractors Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.652(a)(1) which was contained in OSHA inspection number 1595184, citation number 1, item number 1, and was affirmed as a final order on July 28, 2022, with respect to a workplace located at 1020 Bonnie Brae, River Forest, IL 60305. 	 In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.