OSHA Inspection: AHERN PAINTING CONTRACTORS, INC.

Issued

Sep 15, 1992

Abate by

Sep 18, 1992

Penalty

Initial $3,000 · Current $2,400 Reduced

General-duty citation text

29 CFR 1926.201(a)(1):  Flagman or other appropriate traffic controls
were not provided when operations were such that signs, signals, and
barricades did not provide the necessary protection on or adjacent
to a highway or street:
"OR IN THE ALTERNATIVE"
Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
employer did not furnish employment and a place of employment which
were free from recognized hazards that were causing or likely to cause
death or serious physical harm to employees in that employees were
exposed to the hazard of being struck by moving railroad trains.
(a)  On 5/6/92, East 115th Street & Park Avenue
Employees were working on the Metro North railroad
tracks, sandblasting the structural steel underside
of the street overpass above, while train traffic
continued through the area.  A flagman or other
appropriate traffic controls were not provided to
protect employees from being struck by trains.  One
feasible and acceptable abatement method among others,
to correct this hazard would be to provide a trained and
competent flagman to warn employees of approaching trains.

Issued

Sep 15, 1992

Abate by

Oct 21, 1992

Issued

Sep 15, 1992

Abate by

Oct 21, 1992

Issued

Sep 15, 1992

Abate by

Oct 21, 1992