Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1926.20(b)(2): The employer did not initiate and maintain an accident prevention program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person (i.e., a person 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 the authority to take prompt corrective measures to eliminate them): (a)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57532: On or about and at times prior to May 23, 2017, the employer did not ensure an accident prevention program was developed and implemented for the work environment to include regular inspections of the job-site, materials, and equipment; conducted by a competent person. Employees were exposed to struck-by and cave-in hazards while removing sewer piping and compacting around residential service installations. This condition exposed employees to struck-by hazards in the form of vertical walls of unsupported soil. Abatement Note: OSHA defines a "competent" person as 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.