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 Feb 21, 2020, and at times prior, where the competent person did not remove the employees exposed to trench cave in hazards from inadequate protective systems and lack of egress while repairing utilities in a trench greater than thirteen feet in depth, in the vicinity of 407-499 North 52nd Street, Bismarck, North Dakota. (b) On or about Feb 21, 2020, and at times prior, where the competent person did not remove the employees exposed to trench cave in hazards from inadequate protective systems, accumulating water, and lack of egress while repairing utilities in a trench greater than nine feet in depth, in the vicinity of 350-420 66th Street SE, Bismarck, North Dakota. (c) On or about Feb 21, 2020, and at times prior, where the competent person did not remove the employees exposed to trench cave in hazards from inadequate protective systems and lack of egress while repairing utilities in a trench greater than ten feet in depth, in the vicinity of 74 Santee Road, Lincoln, North Dakota.