Text For Citation: 02 Item/Group: 001A 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 Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure that an employee conducting work in an excavation was protected from cave-in, in that the excavation was approximately 14 feet deep and lacked an adequate protective system, such as sloping, benching, or shield system. On May 23, 2017, an employee accessed the trench excavation to remove misaligned 18 inch sewer piping when the west trench wall collapsed and buried the employee. This condition exposed an employee to struck by hazards associated with a trench wall collapse. (b)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure an employee working in an excavation was protected from cave-in hazards. An employee was operating a soil compactor within a trench excavation approximately 9 feet deep without an adequate protective system. This condition exposed an employee to struck by hazards associated with a trench wall collapse. (c)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure an employee working in an excavation was protected from cave-in hazards. An employee was installing four-inch sewer service to a residence within a trench excavation approximately 9 feet deep without an adequate protective system. This condition exposed an employee to struck by hazards associated with a trench wall collapse. First Dakota Enterprises, Inc. was previously cited for 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 749882, citation number 1, item number 2 and was affirmed as a final order on March 7, 2013, with respect to a workplace located at 19th Street and 12th Avenue SW in Dickerson, ND 58601.