Text For Citation: 01 Item/Group: 004A Hazard:

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result 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 have been taken to ensure their safety: (a) On or about October 23, 2019, and at times prior, for the employees exposed to cave in hazards while constructing an outfall structure in an excavation 16 feet or more in depth when there existed cave-in, struck-by, impalement, and drowning hazards, created by inadequate protective systems, spoils immediately adjacent to the excavation, inadequate egress, unprotected rebar, and the failure to use and have present at the site proper safety equipment necessary when working in a cofferdam, the competent person did not remove employees from the excavation in the vicinity of Fourth Avenue NW & Tenth Street NW in Minot, North Dakota.