Text For Citation: 02 Item/Group: 005 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 egress out of a trench. These violations were committed on or about June 2, 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 1404 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. b) At or near 712 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. 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.