Text For Citation: 01 Item/Group: 005 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)Kempf Construction, Inc. at Sunshine and Augusta Cir., Brandon SD, 57007: On and before October 28, 2016, the exposing employer did not ensure employees were protected from cave-in hazards where hazards existed and the necessary precautions were taken to ensure employees were protected. The competent person operated the excavator to form near vertical walls extending eight feet above the top of the trench shielding system and did not remove employees from the excavation to correct visible hazards such as but not limited to, inadequate shielding height, topsoil over sand and other soil layers, access ladder located outside the protective system and water penetration. This condition exposed employees to struck-by hazards as a result of the competent person not removing employees from an excavation that had identifiable hazards related to cave-in.