Text For Citation: 02 Item/Group: 001A 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 April 6, 2021, for the employees installing sanitary sewer in a trench with vertical walls between 6 feet and 14 feet in depth, where the competent person did not remove employees from the hazards of an unprotected trench with vertical walls, working under loads, inadequate means of egress, loose debris on spoil pile, and spoil pile not two or more feet from the edge, in the vicinity of 500 Old Red Trail in Mandan, North Dakota. Note: Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard which was contained in OSHA inspection number 1335147, citation number 1, item number 1a and was affirmed as a final order on September 4, 2018, with respect to a workplace located in the vicinity of 43rd Avenue & Ottawa Street in Bismarck, North Dakota. Note: Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard which was contained in OSHA inspection number 1317674, citation number 1, item number 1a and was affirmed as a final order on September 4, 2018, with respect to a workplace located in the vicinity of the Intersection of Mandan Street & East Avenue B in Bismarck, North Dakota.