OSHA Inspection: WINTER CONTRACTING, LLC

Issued

Sep 11, 2025

Abate by

Oct 14, 2025

Penalty

Initial $11,817 · Current $11,817

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employee(s) was/were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety.  (a)Winter Contracting, LLC at Egan Avenue and 3rd Street, Madison, SD 57042: On or about and at times prior to June 18, 2025, the employer did not ensure a competent person inspected the trench excavation prior to starting work and during the shift in that, the competent person did not identify the lack of an appropriate protective system and did not take prompt corrective action to eliminate the cave-in hazard within an unprotected trench excavation greater than five feet in depth to install new water lines. This condition exposed employees to cave-in hazards.  Abatement Note: "Competent person" means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Issued

Sep 11, 2025

Abate by

Oct 14, 2025

Penalty

Initial $5,064 · Current $5,064

General-duty citation text

29 CFR  1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed:  (a)Winter Contracting, LLC at Egan Avenue and 3rd Street, Madison, SD 57042: On or about and at times prior to June 18, 2025, the employer did not ensure that a portable extension ladder inside a trench was extended at least three feet above the ground level that employees were using to egress. This condition exposed employees to to fall hazards.

Issued

Sep 11, 2025

Abate by

Oct 14, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(4): Ladder(s) were used for purposes other than the purpose for which they were designed:  (a)Winter Contracting, LLC at Egan Avenue and 3rd Street, Madison, SD 57042: On or about and at times prior to June 18, 2025, the employer did not ensure that a portable extension ladder was used per manufacturers recommendations as employees were using the separated fly section of an extension ladder to provide access and egress from a trench excavation. This condition exposed employees to fall hazards.

Issued

Sep 11, 2025

Abate by

Oct 14, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired:  (a)Winter Contracting, LLC at Egan Avenue and 3rd Street, Madison, SD 57042: On or about and at times prior to June 18, 2025, the employer did not ensure that a portable extension ladder inside a trench used for access and egress was removed due to side rail structural damage. This condition exposed employees to fall hazards.