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

29 CFR 1926.651(j)(2): Protection is not being provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary: (a) Bowers Excavating LLC: Bowers Excavating LLC: The employer is failing to ensure that excavated material is removed from the edge prior to employees entering to work inside the trenches. This violation was most recently observed on October 18, 2022, at 335 South 26th Street in Bismarck, North Dakota where employees were not protected from cave-ins caused by a spoil pile bearing weight on the edge of a trench nine feet deep. To abate this violation, the employer must ensure that spoil piles are set two or more feet from the edge of the trench. To abate this violation, the employer must ensure that its employee's performing trenching and excavation work are protected from falling soil and rock, and that no employee is allowed into a trench or excavation without first ensuring the area above the employee is free from falling rock and soil. This employer was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1537210, citation number 3, item number 1b and was affirmed as a final order on October 28, 2021, with respect to a workplace located at Old Red Trail & Eighth Avenue NW in Mandan North Dakota. This employer was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1439850, citation number 2, item number 1a and was affirmed as a final order on December 4, 2019, with respect to a workplace located at 313 Fox Hills Parkway in Watford City, North Dakota. This employer was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1416918, citation number 1, item number 1b and was affirmed as a final order on August 27, 2019, with respect to a workplace located at Schafer Street & College Drive in Bismarck, North Dakota.