OSHA Inspection: DON HIETPAS AND SONS, INC.

Issued

Apr 22, 2025

Penalty

Initial $0 · Current $3,000

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.  On or about March 18, 2025, at a worksite located at the intersection of Main Street and Maes Avenue in Kimberly, Wisconsin; employees were performing work in a trench that was approximately 5 feet 6 inches to 6 feet deep without adequate cave-in protection, exposing the employees to crushing and engulfment hazards. The trench was not inspected by a competent person to classify the soil, identify and support undermined pavement, and identify protective system deficiencies prior to the start of work.

Issued

Apr 22, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(i)(3): Stability of adjacent structures. Sidewalks, pavements and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures.  On or about March 18, 2025, at a worksite located at the intersection of Main Street and Maes Avenue in Kimberly, Wisconsin; an employee working in a trench that was approximately 5 feet 6 inches to 6 feet deep was not protected from struck and crushed-by hazards created by the unsupported, undercut pavement of the adjacent road.

Issued

Apr 22, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.652(g)(1)(ii): Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads.   On or about March 18, 2025, at a worksite located at the intersection of Main Street and Maes Avenue in Kimberly, Wisconsin; an employee working in a trench that was approximately 5 feet 6 inches to 6 feet deep were exposed to struck-by hazards created by a trench shield that was not installed in a manner that would restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads.

Issued

Apr 22, 2025

Abate by

May 20, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.652(d)(2): Materials and equipment. Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee exposure to hazards.  On or about March 18, 2025, at a worksite located at the intersection of Main Street and Maes Avenue in Kimberly, Wisconsin; employees were performing work in a trench that was approximately 5 feet 6 inches to 6 feet deep and were exposed to cave-in hazards when the 8 x 6 x 3 foot trench shield was not maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee exposure to hazards.

Issued

Apr 22, 2025

Penalty

Initial $56,746 · Current $27,000 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): Protection of employees in excavations. 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.  On or about March 18, 2025, at a worksite located at the intersection of Main Street and Maes Avenue in Kimberly, Wisconsin; an employee was exposed to cave-in hazards while performing work in an unprotected trench/excavation approximately 5 feet 6 inches to 6 feet deep.