Text For Citation: 03 Item/Group: 002 Hazard:

29 CFR 1926.651(j)(2): Employees are not being protected from excavated or other materials or equipment that pose a hazard by falling or rolling into excavations: (a) Bowers Excavating LLC: The employer is failing to ensure that excavated material is removed from the edge prior to employees entering to work inside the trenches. This violation was occurred on September 21, 2022, at North 23rd Street & Kennedy Avenue in Bismarck, North Dakota when workers were directed to enter a trench that was greater than 5 feet deep where large chunks of excavated material were along the edge over the tops of workers. To abate this violation, the employer must ensure that its employee's performing trenching and excavation work are protected from falling soil and rock, and that no employee is allowed into a trench or excavation without first ensuring the area above the employee is free from falling rock and soil. Note: This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA Inspection Number 1537210, Citation 3, Item 1b and was affirmed as a final order on October 28, 2021, with respect to a workplace located at Old Red Trail & Eighth Avenue NW in Mandan, North Dakota. Note: This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA Inspection Number 1439850, Citation 2, Item 1a and was affirmed as a final order on December 4, 2019, with respect to a workplace located at 313 Fox Hills Parkway in Watford City, North Dakota. Note: This company was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA Inspection Number 1416918, Citation 1, Item 1b and was affirmed as a final order on August 27, 2019, with respect to a workplace located at Schafer Street & College Drive in Bismarck, North Dakota.