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

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems are not being made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions when employee exposure is reasonably anticipated. An inspection is not conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections are also not made after every rainstorm or other hazard-increasing occurrence: (a) A4S LLC dba A4S Construction: The employer is failing to ensure that a competent person is conducting inspections of trenches for evidence of hazardous conditions prior to workers entering to work inside the trenches. This violation occurred on November 16, 2021, at 0084 Berlin Placer Road in Breckenridge, CO 80424 when workers were directed to enter a trench that was greater than 5 feet deep prior to an inspection conducted by a competent person. The trench caved in burying three workers and killing one of them. This violation occurred again on December 20, 2021, at the same construction project when workers were directed into a trench that had not been inspected by a competent person. Photographs of the trench show a trench greater than 5 feet deep with an undercut portion of dirt at the top of the wall and workers outside of protective systems working below, exposing them to a potential trench collapse. Between August and December 2021, the employer routinely assigned workers to work inside trenches that had not been inspected by a competent person. To abate this violation the employer must ensure that trenches are inspected by a competent person prior to employees entering the trenches at the start of work each day and after every rainstorm or other hazard-increasing occurrence.