Text For Citation: 02 Item/Group: 001B Hazard:

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person prior to the start of work, and as needed throughout the shift, for evidence of situations that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. (a)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On and prior to May 23, 2017, the employer did not ensure a competent person conducted daily inspections of the trench excavation, adjacent areas, and did not ensure an adequate protective system was utilized to protect employees entering the trench. On May 23, 2017, an employee had accessed a trench excavation multiple times to remove sections of pipe that were not aligned properly. The employee entered an unprotected trench to remove the last section of pipe that was misaligned when the 14 foot unprotected vertical wall of soil caved in and buried the employee. This condition exposed employees to struck-by hazards due to cave-in and crushing hazards. 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 1c 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.