OSHA Inspection: SIMON PROPERTY GROUP, INC.

Issued

Sep 26, 2006

Abate by

Oct 16, 2006

Penalty

Initial $4,500

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 the hazard of being crushed by the hydraulic arm of the
compactor:
LOCATION:  Establishment, 125 Westchester Avenue
a) Employer did not train their employees in the safe operation of the
compactors, exposing
employees to the hazard of being crushed, on or about 06/30/06.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE METHOD TO
CORRECT THIS HAZARD IS TO FOLLOW THE ANSI Z245-2004, WHICH STATES
THAT THE OWNER/EMPLOYER SHALL BE RESPONSIBLE FOR "PROVIDING TO
EMPLOYEES INSTRUCTION AND TRAINING IN SAFE WORK METHODS BEFORE
ASSIGNING THEM TO OPERATE, CLEAN SERVICE, MAINTAIN, MODIFY, OR
REPAIR THE STATIONARY COMPACTOR. SUCH INSTRUCTION AND TRAINING
SHALL INCLUDE PROCEDURES PROVIDED BY THE MANUFACTURER. THE
EMPLOYER WILL MAINTAIN RECORDS AS TO THE NAMES OF EMPLOYEES AND
THE DATES OF TRAINING".
NOTE: The employer is required to submit abatement certification for this
item in
accordance with 29 CFR 1903.19.ce

Issued

Sep 26, 2006

Abate by

Oct 16, 2006

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 the hazard of being crushed by the hydraulic ram of the
compactor:
LOCATION:  Establishment, 125 Westchester Avenue
a) Employer did not establish and follow a program of periodic and regular
inspections of all
stationary compactors to ensure that all parts, component equipment, and
safeguards are in safe
operating condition. This inspection program did not include records of
inspections which would
have resulted in observing limit switches being bypassed and the
compactors operating with the
doors opened, on or about 06/30/06.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE METHOD TO
CORRECT THIS HAZARD IS TO FOLLOW THE ANSI Z245.2-2004, 7.1g) WHICH
STATES THAT THE OWNER/EMPLOYER SHALL BE RESPONSIBLE FOR:
"ESTABLISHING AND FOLLOWING A PROGRAM OF PERIODIC AND REGULAR
INSPECTIONS OF ALL STATIONARY COMPACTORS TO ENSURE THAT ALL
PARTS, COMPONENT EQUIPMENT, AND SAFEGUARDS ARE IN SAFE OPERATING
CONDITION, AND ADJUSTED, IN ACCORDANCE WITH THE MANUFACTURER'S
PROCEDURES. THIS SHALL INCLUDE KEEPING ALL MALFUNCTION REPORTS
AND RECORDS OF INSPECTIONS AND MAINTENANCE WORK PERFORMED."
"ENSURING THAT ALL REQUIRED SAFETY FEATURES ARE OPERATIONAL AND
FUNCTIONING, AND REPAIRING, PRIOR TO PLACING INTO SERVICE, ANY
REPORTED MALFUNCTION OR DEFECT THAT AFFECTS THE SAFE OPERATION
OF THE STATIONARY COMPACTOR".
NOTE: The employer is required to submit abatement certification for this
item in
accordance with 29 CFR 1903.19.ce

Issued

Sep 26, 2006

Abate by

Oct 16, 2006

Penalty

Initial $4,500 · Current $2,250 Reduced