Text For Citation: 02 Item/Group: 001 Hazard:

29 CFR 1926.652(a)(1): Each employee in an excavation is not being protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c): (a) Bowers Excavating LLC: The employer 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 September 21, 2022, at North 23rd Street & Kennedy Avenue in Bismarck, North Dakota when employees were installing water lines in a trench that was greater than five feet deep in type C soil, without a protective system. 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. 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 2, 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 1b 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 2 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.