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

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury. On or about February 14, 2019, and at times prior thereto, the employer did not ensure the employees, workers, laborers or mechanics performing contract work installing septic tank systems at residential construction sites were trained or instructed in the recognition and avoidance of unsafe conditions at the jobsite to include but not limited to: a) an employee installing a septic tank system worked inside a trench without cave-in protection was exposed to a cave-in hazard; b) an employee worked inside a trench that had water at the bottom of the trench, exposing the employee to cave-in and drowning hazards; c) an employee did not have a safe means of egress in and out of the trench. A ladder was not provided to exit the trench, exposing the employee to a fall hazard or an entrapment hazard; d) the spoil pile was too close to the open trench, less than 2 feet back, exposing the employee to cave-in hazards; e) the Caterpillar 312 excavator used was positioned on the edge of the unprotected trench, exposing the employee to cave-in hazards; f) a competent person was not on site or one was not provided. The competent person would have known the hazards of exposing the employees to cave-in hazards; g) no trench safety plan or JHA was developed or used to ensure employee(s) were fully trained in the recognition of cave-in hazards when working in or around open trenches; h) the bucket of the excavator was utilized as a means of access and egress from the trench exposing employee(s) to struck-by hazards; i) the employer did not ensure the equipment was inspected or maintained in a safe condition prior to allowing employees to operate the Caterpillar 312 excavator.