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Violation Detail
Standard Cited: 19260652 A01 Requirements for protective systems.
Inspection Nr: 1396803.015
Citation: 02001A
Citation Type: Willful
Abatement Status: Abatement Completed
Initial Penalty: $53,039.00
Current Penalty: $36,200.00
Issuance Date: 07/30/2019
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 08/23/2019
Gravity: 10
Report ID: 0830400
Contest Date:
Final Order: 08/16/2019
Related Event Code (REC): R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 08/16/2019 | $36,200.00 | 08/23/2019 | Willful | |
| Penalty | Z: Issued | 07/30/2019 | $53,039.00 | 08/23/2019 | Willful |
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)Midwest Excavating, LLC at 735 East El Dorado Court, Sioux Falls, SD 57108: On or about and at times prior to April 29, 2019, the employer failed to ensure employees were protected from cave-in and struck-by hazards while working within an excavation deeper than five feet. On April 29, 2019, an employee accessed a trench excavation measuring 7 feet and 6 inches in depth with vertical walls, to repair a residential water line that had a leaking valve. The employer did not utilize a protective system to ensure employees were protected while working within the trench. This condition exposed employees to a cave-in and struck-by hazard associated with working in an unprotected trench excavation.