Text For Citation: 03 Item/Group: 003 Hazard:

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety: (a) On August 5, 2022 and at times prior, at or near 520 16th Street NE in Mandan, North Dakota, employees were installing sanitary sewer in a trench of approximately 16 feet in depth and were not removed from hazards such as but not limited to: the trench box installed more than two feet above the bottom of the trench, using a trench box in a manner not approved by the manufacturer, falling to lower levels, being struck by loose soil and rock falling from the trench face, and cave-in hazards due to the lack of adequate protective systems. The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) which was contained in OSHA inspection number 1338000, citation number 1 item number 1b and was affirmed as a final order on September 04, 2018, with respect to a workplace located at or near the intersection of East Broadway Avenue and North Ninth Street in Bismarck, North Dakota. The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) , which was contained in OSHA inspection number 1335147, citation number 1, item number 1a and was affirmed as a final order on September 04, 2018 with respect to a workplace located at or near the intersection of 43rd Avenue and Ottawa Street in Bismarck, North Dakota. The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) , which was contained in OSHA inspection number 1317646, citation number 1, item number 1a and was affirmed as a final order on September 4, 2018, with respect to a workplace located at or near the intersection of North Mandan Street and East Avenue B in Bismarck, North Dakota. The Weisz and Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(2) , which was contained in OSHA inspection number 1523749, citation number 2, item number 1a and was affirmed as a final order on September 08, 2021, with respect to a workplace located in the vicinity of 500 Old Red Trail in Mandan, North Dakota.