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Violation Detail
Standard Cited: 19260651 K01 Specific Excavation Requirements.
Inspection Nr: 1666015.015
Citation: 01004
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $0.00
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:
| 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 | $0.00 | 07/13/2023 | Repeat |
Text For Citation: 01 Item/Group: 004 Hazard:
29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions: (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 daily inspections of a trench, that was over five feet in depth and the adjacent area were made by the competent person for evidence of a situation that could have resulted in a hazardous condition. This condition exposed the employee to a crushing, cave-in, and struck-by hazards associated with trench wall failure. 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 5b 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.