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Violation Detail
Standard Cited: 19260652 A01 Requirements for protective systems.
Inspection Nr: 1666015.015
Citation: 01003
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $34,375.00
Current Penalty: $15,000.00
Issuance Date: 06/15/2023
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 07/13/2023
Gravity: 10
Report ID: 0830400
Contest Date:
Final Order: 06/30/2023
Related Event Code (REC):
Emphasis:
Substance: S777
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 06/30/2023 | $15,000.00 | 07/13/2023 | Serious | |
| Penalty | Z: Issued | 06/15/2023 | $34,375.00 | 07/13/2023 | Repeat |
Text For Citation: 01 Item/Group: 003 Hazard:
29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c): (a)Spielman Excavating LLC at 46648 272nd Street, Tea, SD 57064: On or about and at times prior to April 26, 2023, the employer did not ensure that employees were protected from cave-in and struck-by hazards while working within an excavation greater than five feet in depth to install water lines. This condition exposed employees to cave-in and struck-by hazards associated with trench wall cave in. Spielman Excavating LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 1437895, citation number 1, item number 5a and was affirmed as a final order on December 11, 2019, with respect to a workplace located at 4617 South Duluth Avenue, Sioux Falls, SD 57107.