Text For Citation: 02 Item/Group: 009 Hazard:

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations, or by a combination of both if necessary: Wagner Construction, Inc., is failing to protect each employee performing work within trenches from being struck-by objects falling or rolling into the trench. These violations were committed on or about June 5, 2023, and at times prior, at or near 809 15th Street NW, Minot, North Dakota, where employees were exposed to overhead struck-by hazards when working in a trench installing a water line where the spoil pile was not set back two feet. 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 1, Item 1b, 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. 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 1427072, Citation 1, Item 1a, and was affirmed as a final order on March 3, 2021, with respect to a workplace located near the intersection of County Highway 10 & 59th Street NE in Bismarck, North Dakota.