OSHA Inspection: FNF CONSTRUCTION, INC.

Issued

Mar 2, 2001

Abate by

Mar 5, 2001

Penalty

Initial $70,000 · Current $7,000 Reduced

General-duty citation text

A.R.S. 23-403.A.: The employer did not furnish to each employee 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 his employees in that the employer failed to
comply with the
provisions of the Contractor's Right of Entry Agreement by 1) failing to
provide a flagman when
an employee was performing work or operating equipment within 25' of the
railroad tracks; and
2) failing to notify the railroad at least 48 hours in advance of any work
and at least 24 hours
in advance of work in which any person or equipment would be within 25' of
the railroad tracks
so that the railroad could determine whether a flagman need be present:
OR IN THE ALTERNATIVE:
29 CFR 1926.201(a)(1):  Flagmen 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:
(a) 24th Street & Jefferson, Phoenix, AZ 85034, west side of the street:
The employer
permitted the employees to operate equipment and work in the vicinity of
the railroad
tracks, without providing a flagman or providing notice to the railroad of
the work as
required by the Contractor's Right of Entry Agreement to enable the
railroad to provide
flagman.