OSHA Inspection: SPIELMAN EXCAVATING LLC

Issued

Feb 12, 2026

Abate by

Mar 17, 2026

Penalty

Initial $2,894 · Current $0 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to fall, struck-by and caught-between hazards:  (a)Spielman Excavating LLC, at 1801 South Western Avenue, Sioux Falls, SD 57005:  On or about and at times prior to August 25, 2025, the employer allowed an employee to ride within the bucket of a Case Model: CX24D SD excavator as a means to access a 4000 gal storage tank which was positioned in the middle of an open 8 foot deep excavation.  This condition exposed the employee to fall, struck-by, and caught-in-between hazards.   Abatement Note: Among other methods, one feasible and acceptable abatement method to correct this hazard can be found in SAE J153, Surface Vehicle Recommended Practice, Section 4.2 Operator- General Precautions, instructs operators: "Do not permit riders on the machine if there are no manufacturer's designated place for a rider."