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

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that: On or about July 25, 2006, employee(s) were working in the fly ash pit/pond #10 and were exposed to uncontrolled slides of the settled out fly ash. Among other methods, some feasible and acceptable abatement methods to correct this hazard are as follows: 1.Protect each employee within an excavation from cave-ins by an adequate protective system designed in accordance with Ohio Revised Code, Section 4123:1-3-13, Paragraph E or equivalent requirements as described within 29 CFR 1926.652(a)(1). 2.Ensure that daily inspections are made of the excavations as needed through the shift and of the adjacent areas, and protective systems, and conducted by a competent person(s) for evidence of situation(s) that could result in possible cave-ins, indications of failure of protective systems or other hazardous conditions in accordance with the requirements as described within 29 CFR 1926.651(k)(1). 3.Ensure that employees are adequately protected from hazards associated with water accumulation in excavations, including but not limited to, assessing the need for special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or equivalent requirements as described within 29 CFR 1926.651(h)(1). In the Alternative 29 CFR 1926.651(h)(1): Employees were working in excavations in which there was accumulated water, or excavations in which water was accumulating, and adequate precautions had not been taken to protect employees against hazards posed by water accumulation: a)On or about July 25, 2006, employee(s) working in fly ash pit/pond #10 excavating the fly ash were not protected from hazards associated with water accumulation, as there was a steady stream of water coming out of the high wall face of the excavation. 29 CFR 1926.651(k)(1): Inspections of excavations, the adjacent areas, and protective systems were not made by a competent person prior to work and as needed throughout the shift for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions: a)On or about July 25, 2006, there were no adequate daily inspections and throughout the shift of the excavation at fly ash pit/pond #10 as there was no soil classification determination made, there was no determination or measurement of slope of the excavation face, and there was no determination of the presence and concentration of water. 29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-in by an adequate protective systems designed in accordance with 29 CFR 1926.652(b) or 1926.652(c): a)On or about July 25, 2006, employee(s) while working in fly ash pit/pond #10 were not protected from cave-ins or similar hazards presented by excavating the material as employees were exposed to uncontrolled cave-ins or slides of the settled out fly ash as no protective system was used, such as but not limited to, a protective sloping or benching system.g