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

29 CFR 1926.652(d)(1): Materials and equipment used for protective systems were not free from damage or defects that might impair their proper function: a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, employees were required to work in an excavation at depths of up to 11 feet 6 inches, where the employer failed to ensure manufactured materials and equipment in protective systems were maintained in a manner consistent with the recommendations of the manufacturer. The trench boxes were damaged, showed obvious areas where they have bent bent/manipulated in a way that would reduce the structural rigidity, and some pins being used were not to the manufacturer's specifications exposing employees to hazards including but not limited to potential collapse/cave-in. Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 4a and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.