Text For Citation: 02 Item/Group: 016 Hazard:

29 CFR 1926.652(a)(1): Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c): Wagner Construction, Inc is failing to protect each employee performing work in trenches by properly sloping or benching the trenches or using appropriate protective systems designed in accordance with paragraph (b) or (c) of 29 CFR 1926.652. This violation was committed on or about June 7, 2023, at or near 701 15th Street NW, Minot, North Dakota, where employees were exposed to cave-in hazards while installing water main pipe in trenches greater than five feet in depth without protective systems in place. To abate this violation, the employer must ensure that its trenches are properly sloped, benched, or equipped with appropriate protective systems, and that no employees enter trenches until this protection is provided. 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 2, Item 2b, 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, 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 2, Item 2b, 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 2, 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. 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 1343799, Citation 1, Item 1b, and was affirmed as a final order on February 25, 2019, with respect to a workplace located near Fourth Avenue West & Ninth Street West in Williston, North Dakota.