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 24, 2022, at or near 47th Street NW & Cortez Circle in Mandan, North Dakota where employees were exposed to cave in hazards while installing water lines in a trench approximately 8 feet in depth. To abate this violation, the employer must ensure that its trenches are properly sloped, benched, or equipped with appropriate protective systems, and that no employees enter trenches until this protection is provided. Note: This company 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 1, Item 2, and was affirmed as a final order on August 7, 2019, with respect to a workplace located at or near Schaefer Street and College Drive in Bismarck, ND. Note: This company 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 2, Item 1B, and was affirmed as a final order on December 4, 2019, with respect to a workplace located at or near 313 Fox Hills Parkway in Watford City, ND. Note: This company 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 2, Item 1B, and was affirmed as a final order on October 28, 2021, with respect to a workplace located at or near Old Red Trail and Eighth Avenue NW in Mandan, ND.