Text For Citation: 04 Item/Group: 001 Hazard:

29 CFR 1903.19(d)(1): The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required. a. In regards to citation 1, item 1, issued on March 7, 2019, the employer has failed to submit abatement certification and documentation within ten days of the abatement date, April 11, 2019. The violation read as follows: 29 CFR 1926.20(b)(1): It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part. a. Located at the 1175 Bobcat Avenue Goddard School worksite in Grandview Heights, Ohio: On or about October 9, 2018, the employer failed to maintain an effective safety and health program that protected employees from unsafe conditions, such as cave-in related crushed by hazards associated with excavation work. b. In regards to citation 1, item 2, issued on March 7, 2019, the employer has failed to submit abatement certification and documentation within ten days of the abatement date, April 11, 2019. The violation read as follows: 29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury. a. Located at the 1175 Bobcat Avenue Goddard School worksite in Grandview Heights, Ohio: On or about October 9, 2018, the employer failed to instruct employees regarding unsafe conditions, the recognition of the hazards associated with those unsafe conditions, and the avoidance of unsafe conditions associated with the work environment. Additionally, the employer failed to provide training or instruction in the regulations applicable to this work environment contained in 29 CFR 1926, such as but not limited to the OSHA trenching and excavation standards. Due to these conditions, employees performed work in excavations/trenches up to 14 feet deep without cave-in protection. c. In regards to citation 2, item 1, issued on March 7, 2019, the employer has failed to submit abatement certification and documentation within ten days of the abatement date, April 11, 2019. The violation read as follows: 29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated. a. Located at the 1175 Bobcat Avenue Goddard School worksite in Grandview Heights, Ohio: On or about October 9, 2018, the employer failed to perform daily inspection by a competent person. Prior to employee exposure in an approximately 14 feet deep trench that was unprotected against cave-in, an inspection for evidence of conditions that could result in cave-in was not performed and the employer's designated competent person had not been on-site. b. Located at the 1175 Bobcat Avenue Goddard School worksite in Grandview Heights, Ohio: On or about October 16, 2018, the employer failed to perform daily inspection by a competent person. Prior to employee exposure in a trench unprotected against cave-in that varied in depth from approximately six feet deep to approximately nine feet deep, an inspection for evidence of conditions that could result in cave-in was not performed and the employer's designated competent person had not been on-site. d. In regards to citation 2, item 2, issued on March 7, 2019, the employer has failed to submit abatement certification and documentation within ten days of the abatement date, April 11, 2019. The violation read as follows: 29 CFR 1926.652(a)(1): Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section: a. Located at the 1175 Bobcat Avenue Goddard School worksite in Grandview Heights, Ohio: On or about October 9, 2018, the employer failed to ensure that an employee was not protected by an adequate means of cave-in protection while working in an open trench, approximately fourteen feet in depth. Due to the lack of an engineered protective system, and the failure to ensure sloping or benching of the straight cut vertical walls of the excavation, a laborer was exposed to potential cave-in related crushed by hazards. b. Located at the 1175 Bobcat Avenue Goddard School worksite in Grandview Heights, Ohio: On or about October 16, 2018, the employer failed to ensure that employees were not protected by an adequate means of cave-in protection while working in an open trench that varied in depth from approximately six feet to nine feet in depth. Due to the lack of an engineered protective system, and the failure to ensure sloping or benching of the straight cut vertical walls of the excavation, a laborer and equipment operator were exposed to potential cave-in related crushed by hazards. e. In regards to citation 3, item 1, issued on March 7, 2019, the employer has failed to submit abatement certification and documentation within ten days of the abatement date, April 11, 2019. The violation read as follows: 29 CFR 1926.651(j)(2): Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least two feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. a. Located at the 1175 Bobcat Avenue Goddard School worksite in Grandview Heights, Ohio: On or about October 16, 2018, while working adjacent to the southeast corner of the building at the excavation associated with preparation for and installation of Structure 5, the employer failed to ensure the spoil pile was not placed at least two feet from the edge of the excavation, thereby exposing employees to struck-by hazards. PDC Construction Services, LTD was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1019637, citation number 1, item number 4, and was affirmed as a final order on April 15, 2015, with respect to a workplace located at Winchester Pike and Hamilton Road, Columbus, Ohio 43232.