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Violation Detail
Standard Cited: 19260652 A01 Requirements for protective systems.
Inspection Nr: 1319629.015
Citation: 02001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $35,570.00
Current Penalty: $12,000.00
Issuance Date: 09/18/2018
Nr Instances: 5
Nr Exposed: 2
Abatement Date: 10/15/2018
Gravity: 5
Report ID: 0830400
Contest Date:
Final Order: 10/15/2018
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 10/15/2018 | $12,000.00 | 10/15/2018 | Serious | |
| Penalty | Z: Issued | 09/18/2018 | $35,570.00 | 10/15/2018 | Repeat |
Text For Citation: 02 Item/Group: 001 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)First Dakota Enterprises, Inc. at 3500 Grand Slam Avenue, Sioux Falls, SD 57104: On and about and at times prior to May 31, 2018, the exposing employer did not ensure employees were protected from struck-by hazards by an adequate protective system when performing work in the manhole trench shield in that, adjacent soil to the southwest corner of the manhole trench shield extended over the top of the box and was not at a minimum 18 inches below the top of the trench shield. This condition exposed employees to cave-in and struck-by hazards. (b)First Dakota Enterprises, Inc. at 3500 Grand Slam Avenue, Sioux Falls, SD 57104: On and about and at times prior to May 31, 2018, the exposing employer did not ensure an employee was protected from struck-by and cave-in hazards by an adequate protective system when using the Wacker trench roller/compactor to perform work from within the excavation outside of the trench shield system. This condition exposed employees to cave-in and struck-by hazards while working in an unprotected portion of the trench that measured approximately 6 feet in depth. First Dakota Enterprises, Inc. 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 1234840, citation number 2, item number 1a and was affirmed as a final order on September 12, 2017 with respect to a workplace located at the intersection of North 3rd Street and 5th Avenue in Emery, SD 57332. First Dakota Enterprises, Inc. 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 1249118, citation number 1, item number 3 and was affirmed as a final order on October 18, 2017, with respect to a workplace located at Hilger's Gulch Sanitary Sewer Line Project in Pierre, SD 57501.