OSHA Inspection: DEFALCO-POARCH CONSTRUCTION

Issued

Jun 25, 1999

Abate by

Jun 30, 1999

Penalty

Initial $1,125 · Current $675 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
employer did not
furnish employmnent 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 a fall hazard of approximately 12 feet:
Among other methods, one feasible and acceptable abatement method to
correct is:
Use a ladder or aerial lift to provide work surface for employees, or use
a rigging system which
allows the operator to place the ring and lid without needing an employee
at the point of
placement.
a)  At Windsor High School, Windsor, CO. (DeFalco-Poarch Construction
jobsite):
Employees placing manhole rings and lids from a backhoe bucket were
exposed to fall
hazards in excess of 10 feet.
Abatement Note:  Abatement certification in not required for this item.
ELEMENTS OF A 5A1:
1.  The employer fialed to keep the workplace free of a hazard to which
employees of that
employer were exosed:
Employees were exposed to fall hazards while riding in a backhoe bucket.
The
employees were elevated by the backhoe over excavations above 10 feet.
The employees
were holding the outside edges of the bucket and pushing heavy metal
manhole rings out
with their feet.  Looking at the operation it was apparent the employee
could fall out of
the bucket.
2.  The hazard was recognized:
Manufacturers of backhoe specifically state in many of the owner/operator
manuals that
people are not to ride in the bucket.  The site superintendent and
construction manager
for the company stated they do not allow the employees to ride in the
bucket and that
they knew better.
3.  The hazard was causing or was likely to cause death or serious
physical harm:
There are recorded cases of employees being hurt by riding in backhoe
buckets.  The
employee in this bucket could have fallen and been hurt and could have
possible been
struck by heavy metal manhole rings and lids due to the bucket being
slanted so the metal
pieces would move out.
4.  There was a feasible and useful method to correct the hazard:
The employee could have been afforded a safe method to access the top of
the manhole
stack such as ladder, scaffold, aerial lift, etc, The manhole cover could
have
waited for
placement until there was compacted dirt around the manhole.  There are
ways of
slinging the metal pieces and lifting, placing and depositing the pieces
with a detachable
sling attachment which would have not needed an employee to be exposed.

Issued

Jun 25, 1999

Abate by

Jun 30, 1999

Penalty

Initial $1,575 · Current $945 Reduced

Issued

Jun 25, 1999

Abate by

Jun 30, 1999

Penalty

Initial $4,200 · Current $2,520 Reduced