Text For Citation: 01 Item/Group: 003 Hazard:

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could have resulted in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees were not removed from the hazardous area until the necessary precautions were taken to ensure their safety: a) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, the employer failed to ensure that the competent person removed employees from hazardous conditions. The competent person required employees to enter and work in a trench with undermined and unsupported structures, no shields at the ends allowing soil from cracking and fissuring edges continue to breach the work area designated in the trench box and where the trench boxes come together soil was allowed to enter due to the size of the trench boxes not being the same and no type of shielding system was used to prevent the spoil pile from spilling into the work area. Furthermore, the competent person had no information or recollection of inspecting/verifying the work area was free of hazards.