OSHA Inspection: WHISPERING CREEK LLC

Issued

2026-02-25 00:00:00

Penalty

Initial $16550.00 · Current $12250.00 Reduced

General-duty citation text

29 CFR  1926.20(b)(2): Accident prevention responsibilities. Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.  a) On or about December 05, 2025, the employer failed to ensure that adequate frequent and regular inspections of the job site were conducted to identify hazards such as but not limited to: the absence of a safe means of access and egress, the spoil pile and excavator positioned within 2 feet of the trench edge, and the lack of any protective system to prevent trench wall collapse . As a result, three employees were exposed to struck-by, crushing, and entrapment hazards when working in an 8 foot deep trench.

Issued

2026-02-25 00:00:00

Abate by

2026-06-15 00:00:00

Penalty

Initial $16550.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1926.21(b)(2): Employer responsibility. The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  a)On or about December 05, 2025, the employer failed to instruct employees in the recognition and avoidance of unsafe conditions when performing trenching and excavation work. Employees entered an excavation approximately 8 feet deep without receiving training on hazards such as cave-in protection, safe means of access and egress, and proper placement of spoil piles and equipment. As a result, employees were exposed to cave-in, struck-by, and crushing hazards, which contributed to a trench collapse that resulted in one fatality and serious injuries to two other employees.

Issued

2026-02-25 00:00:00

Penalty

Initial $16550.00 · Current $12250.00 Reduced

General-duty citation text

29 CFR  1926.651(c)(2): Access and egress - 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 December 05, 2025, the employer failed to ensure that employees had a safe means of egress while working in an excavation approximately 8 feet deep and 37 feet 7 inches long. No stairway, ladder, ramp, or other safe means of egress was provided within 25 feet of employees working in the trench. Employees were required to travel a distance greater than 25 feet to reach ramps at the ends of the excavation, exposing them to caught-in and crush-by hazards during trenching operations. As a result, employees were exposed to serious injury and fatality risks associated with trench collapse.

Issued

2026-02-25 00:00:00

Penalty

Initial $16550.00 · Current $12250.00 Reduced

General-duty citation text

29 CFR  1926.651(j)(2): Protection of employees from loose rock or soil. Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.  a) On or about December 05, 2025, the employer failed to ensure that the spoil pile and Komatsu Excavator (Model PC88MR-11, Serial No. C40528, Product Identification Number *KMTPC296APTC40528*)  was greater than 2 feet away from the edge of the excavation. As a result, employees were exposed to struck-by and crushing hazards when working in the trench on the North and East side.

Issued

2026-02-25 00:00:00

Penalty

Initial $165514.00 · Current $12250.00 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 except when:  a) On or about December 05, 2025, the employer failed to ensure that employees were protected from cave-in hazards while working in an trench approximately 8 feet deep to replace a storm drain. No trench box, shoring, sloping, or other protective system was in place before employees entered the trench. As a result, employees were exposed to cave-in hazards, and a trench collapse occurred, causing one fatality and serious injuries to two other employees.