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Inspection Detail
Note: The following inspection has not been indicated as closed. OSHA citation items will be posted 30 (thirty) days after the employer receives the citation(s), except in cases of significant public interest. Posted citation items reflect any amendments to citations that are the result of a prompt settlement, which OSHA encourages. Employers and employee representatives will continue to receive copies of the citation(s) upon issuance.
Inspection: 1684791.015 - Wenger Construction & Excavating Llc
Inspection Information - Office: Toledo Area Office
Site Address:
Wenger Construction & Excavating Llc
2876 County Road 210
Fremont, OH 43420
Mailing Address:
2939 County Road 206, Fremont, OH 43420
Union Status: NonUnion
SIC:
NAICS: 237990/Other Heavy and Civil Engineering Construction
Inspection Type: Fat/Cat
Scope: Complete
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 07/20/2023
Emphasis:
Case Closed:
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 2056569 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 6 | 6 | ||||
| Current Violations | 6 | 6 | ||||
| Initial Penalty | $40,629 | $0 | $0 | $0 | $0 | $40,629 |
| Current Penalty | $24,375 | $0 | $0 | $0 | $0 | $24,375 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 5A0001 | 10/25/2023 | 12/08/2023 | $9,375 | $15,625 | $0 | I - Informal Settlement | ||
| 2. | 01002A | Serious | 19260020 B01 | 10/25/2023 | 01/22/2024 | $2,679 | $4,465 | $0 | I - Informal Settlement | ||
| 3. | 01002B | Serious | 19260454 A | 10/25/2023 | 01/22/2024 | $0 | $0 | $0 | I - Informal Settlement | ||
| 4. | 01003 | Serious | 19260095 A | 10/25/2023 | 12/08/2023 | $3,214 | $5,358 | $0 | I - Informal Settlement | ||
| 5. | 01004 | Serious | 19260100 A | 10/25/2023 | 12/08/2023 | $3,214 | $5,358 | $0 | I - Informal Settlement | ||
| 6. | 01005 | Serious | 19260102 A01 | 10/25/2023 | 12/08/2023 | $3,214 | $5,358 | $0 | I - Informal Settlement | ||
| 7. | 01006 | Serious | 19260453 B02 V | 10/25/2023 | 12/08/2023 | $2,679 | $4,465 | $0 | I - Informal Settlement |
Investigation Summary
At 1:50 p.m. on July 19, 2023, an employee working as a construction laborer for an excavation company was conducting site preparation work. The employee and Coworker #1 (site owner) and Coworker #2 were onsite. The contractor was tasked by the owner of the property to clear a lot of trees, shrubs and debris, and construct a wooden frame pole barn on the property. Coworker #1 was operating a Link-Belt LBX Model 130LX Excavator while the employee was making an initial felling cut of a tree with a chain saw. The employee stopped to perform maintenance on the chain saw. He was kneeling down next to an aerial lift working on the chain saw while Coworker #1 was backing the excavator. Coworker #1 did not see the employee and struck him with the excavator. A private citizen witnessed the event from the roadway and observed the employee trapped under the treads/tracks of the excavator. The witness ran up to Coworker #1 who was still operating the excavator and shouted, "you ran over your man." Coworker #1 then moved the excavator forward and exited the excavator. The witness phoned 911 and summoned EMS. Law enforcement and EMS arrived on scene and performed life saving measures. At 2:46 p.m. EMS pronounced the employee dead on the scene. The employee had died from blunt force trauma including crushing injuries to his back, hip, and abdomen,
Keywords: Abdomen, Arm, Back, Chain Saw, Chest, Contusion, Defect, Defective, Defective Equipment, Elbow, Excavation, Excavator, Foot, Fracture, Hip, Insufficient Supervision, Laborer, Laceration, Lack of Work Procedures, Lung, Maintenance, Material Handling, Misjudgment, Misjudgment of Hazardous Situation, Run Over, Safety Device, Shoulder, Site Clearing, Site Preparation , Struck By, Tree Felling
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1684791.015 | 60 | M | Fatality | Construction laborers |