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Violation Detail
Standard Cited: 19260651 K02 Specific Excavation Requirements.
Inspection Nr: 1436545.015
Citation: 02002A
Citation Type: Willful
Abatement Status: Abatement Completed
Initial Penalty: $103,902.00
Current Penalty: $100,000.00
Issuance Date: 03/16/2020
Nr Instances: 3
Nr Exposed: 4
Abatement Date: 03/20/2020
Gravity: 10
Report ID: 0830300
Contest Date: 03/18/2020
Final Order: 03/03/2021
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 03/03/2021 | $100,000.00 | 03/20/2020 | Willful | |
| Penalty | C: Contested | 06/11/2020 | $103,902.00 | 03/20/2020 | Willful | |
| Penalty | Z: Issued | 03/16/2020 | $103,902.00 | 03/20/2020 | Willful |
Text For Citation: 02 Item/Group: 002A 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) On or about October 7, 2019, for the employees exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet deep with near-vertical walls while working outside the trench box and the manufacturer's tabulated data for the trench box in use was not followed, for the water transmission line 19-01 project, in the vicinity of STA 54+50 & STA 56+50, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota. (b) On or about October 8, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet 6 inches deep with near-vertical walls while working outside the trench box, where sloping or benching was not sufficient with the first bench being approximately 6 feet in height, with egress being approximately 40 feet away, the spoil pile on the edge of the trench, employees working without hard hats, and the manufacturer's tabulated data for the trench box was not followed, for the water transmission line 19-01 project, in the vicinity of STA 56+50 & STA 58+50 to 59+60, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota. (c) On or about October 9, 2019, for the employee exposed to cave-in and struck-by hazards while installing water supply pipe in a trench approximately 9 feet 6 inches deep where the spoil pile was less than 1 foot away from the edge, the trench side wall was not adequately benched, and there was no means of egress, for the water transmission line 19-01 project, in the vicinity of STA 65+47, near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.