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Violation Detail

Standard Cited: 19260651 C02 Specific Excavation Requirements.

Inspection Nr: 1675481.015

Citation: 02004

Citation Type: Repeat

Abatement Status:  

Initial Penalty: $154,688.00

Current Penalty: $154,688.00

Issuance Date: 11/29/2023

Nr Instances: 3

Nr Exposed: 2

Abatement Date: 01/03/2024

Gravity: 10

Report ID: 0830300

Contest Date: 12/12/2023

Final Order:

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty C: Contested 12/14/2023 $154,688.00 01/03/2024 Repeat  
Penalty Z: Issued 11/29/2023 $154,688.00 01/03/2024 Repeat  

Text For Citation: 02 Item/Group: 004 Hazard:

29 CFR 1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees: Wagner Construction, Inc. is failing to protect each employee performing work in trenches by providing a safe means of access and egress within trenches. These violations were committed on or about June 1, 2023, when employees were installing curb stops in a trench greater than four feet in depth without a ladder or other safe means of egress provided within 25 feet of lateral travel for employees. a) At or near 708 14th Street NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth. b) At or near 715 14th Street NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth. c) At or near 1508 7th Avenue NW, Minot, North Dakota, employees were not provided safe means of egress while installing curb stops in a vertical walled trench greater than four feet in depth. Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1467035, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of Highway 10 & 52nd Street in Bismarck, North Dakota. Wagner Construction, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1436545, Citation 3, Item 1, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of 66th Street SE & Apple Creek Road in Bismarck, North Dakota.

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