Text For Citation: 01 Item/Group: 002 Hazard:

29 CFR 1926.652(a)(1): Each employee in an excavation is not being protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c): (a) Bowers Excavating LLC: The employer is failing to protect each employee performing work in trenches by properly sloping or benching the trenches or using appropriate protective systems designed in accordance with paragraph (b) or (c) of 29 CFR 1926.652. This violation was committed on October 18, 2022, at 335 South 26th Street in Bismarck, North Dakota when employees were installing water lines in a trench that was greater than five feet deep in type B soil, without a protective system. To abate this violation the employer must ensure that the trenches are properly sloped, or that protective systems designed in accordance with this standard are used, and that no employees enter trenches until this protection is provided. 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 2, item number 1b and was affirmed as a final order on 10-28-2021, 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 1b and was affirmed as a final order on 12-04-2019, 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 2 and was affirmed as a final order on 08-27-2019, with respect to a workplace located at Schafer Street & College Drive in Bismarck, North Dakota.