OSHA Inspection: WATERS CONSTRUCTION CO., INC.

Issued

Dec 1, 2008

Abate by

Jul 11, 2009

Penalty

Initial $2,500

General-duty citation text

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 "struck by" or death:
WORKSITE: The employer did not ensure through conducting a onsite job
briefing, a visual
hazard assessment and an instruction prior to commencing the "task" that
employees were not
only provided with appropriate tools and equipment, but also utilizing
safe methods while
removing a piece of railroad track that was wedged against concrete with
the bucket of an
excavator.
On or about 07/15/2008, the track snapped and a broken piece of the track
flew out and struck
one of employees standing near by the excavator. The employee sustained
multiple injuries from
the incident.
Among others, one feasible and acceptable method of abatement would be to:
1. Conduct onsite job briefings and visual hazard assessments.
2. Provide employees with appropriate tools and equipment.
3. Provide training and instructions in the hazard assessments.
4. Provide training in the safe and proper use of the tools and equipment.
5. Utilize other available and feasible engineering technologies.