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Violation Detail
Standard Cited: 19260651 K02 Specific Excavation Requirements.
This violation item has been deleted.
Inspection Nr: 1614292.015
Citation: 02001B
Citation Type: Repeat
Abatement Status:
Initial Penalty: $0.00
Current Penalty: $0.00
Issuance Date: 01/25/2023
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 02/21/2023
Gravity: 5
Report ID: 0830400
Contest Date:
Final Order: 02/16/2023
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 02/16/2023 | $0.00 | 02/21/2023 | Repeat | |
| Penalty | Z: Issued | 01/25/2023 | $0.00 | 02/21/2023 | Repeat |
Text For Citation: 02 Item/Group: 001B Hazard:
29 CFR 1926.651(k)(2): Where the competent person finds evidence of a situation that could result in a 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)H & W Contracting, L.L.C. at 217 East 6th Avenue, Redfield, SD 57469: On or about and at times prior to August 11, 2022, the employer did not ensure that employees were protected from cave-in hazards while working within a section of the unprotected excavation and failed to remove exposed employees from the hazardous condition. This condition exposed employees to cave-in hazards associated with trench wall failure. H & W Contracting, L.L.C. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2), which was contained in OSHA inspection number 1564024, citation number 1, item number 2 and was affirmed as a final order on May 25, 2022, with respect to a workplace located at 271st Street and Kerslake Place, Tea, SD 57064.