Text For Citation: 02 Item/Group: 001B 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)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 did not ensure that employees were removed from an excavation that was 7 feet 6 inches in depth, 3 feet in width, and 5 feet 8 inches in length. The competent person did not identify that the trench was greater than 5 feet in depth, had vertical walls with no protective system in place, did not conduct a soil analysis, was undercut near the bottom, potential struck-by hazards, and improper ladders/usage to enter and exit the excavation. This condition exposed employees to struck-by hazards / crushing injuries associated with trench wall cave-in and fall hazards associated to improper ladder/usage.