OSHA Inspection: ENCORE CONSTRUCTION COMPANY, INCORPORATED

Issued

Apr 12, 2004

Abate by

May 6, 2004

Penalty

Initial $1,500 · Current $1,500

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 struck by hazards associated with the sudden drop of an
overhead boom because
the concrete pump truck was not set up on a stable surface:
House and associated lot at site:  Employer did not properly assess the
site conditions to
determine the possible presence and location of  underground utilities
such as gas lines, electrical
conduits, septic tank(s), leach fields and/or storm drainage pipes.  The
employer
did not ensure
that the concrete pump truck was stabilized on a firm foundation before
pumping operations
began.  As a result, the front right outrigger punctured the septic tank
causing the overhead
boom of the concrete pumper truck to suddenly drop striking an employee of
another contractor.
The sudden loss of stabilization resulted in that employee being struck by
the dropping boom.
That struck employee sustained severe, life-threatening injuries.
Feasible and useful methods of abatements include but are not limited to:
1.  Conduct a preconstruction site assessment to determine possible
hazards and locations
of underground utilities including, but not limited to, gas lines, water
lines, leach field,
septic tank(s), and storm water drainage.
2.  Secure a copy of the plat from the town that shows property lines in
an effort to
ascertain the possible presence and locations of utilities, rights-of-way
and any other
obstacle that could interfere with the stability of equipment.
3.  Talk to the homeowner about known location of underground utilities
and/or
other
possible obstructions.
4.  Discuss setup and site conditions with all employees and
subcontractors who might
be affected by the location and/ or possible presence of underground
obstructions and/or
utilities.
5.  Obtain and be cognizant of the information contained in the Code of
Massachusetts
Regulations 520 (520 CMR 6.00, Hoisting Machinery).
6.  Ensure that 520 CMR, 6.00 regulations are followed.