Text For Citation: 02 Item/Group: 002 Hazard:

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that posed a hazard by falling or rolling into excavations and protection was not provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary: (a)First Dakota Enterprises, Inc. at Intersection of North 3rd Street and 5th Avenue, Emery, SD 57332: On or about and at times prior to May 23, 2017, the employer did not ensure that adequate protection was provided, in that the spoils pile was placed directly on the west edge of the trench excavation and did not maintain a distance of at least two feet. On May 23, 2017, an employee was accessing a trench excavation to remove 12-inch sewer piping that was misaligned when the trench wall collapsed and buried the employee. The condition exposed an employee to struck-by hazards in the form of excavated material. First Dakota Enterprises, Inc. was previously cited for violation of this Occupational Safety and Health Standard or its equivalent standard 29 CFR 1926.651(j)(2), which was contained in OSHA inspection #749882, citation number 1, item number 2 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.