OSHA Inspection: HEADWATERS RESOURCES, INC. AKA HEADWATERS-VFL

Issued

Dec 20, 2006

Abate by

Jan 22, 2007

Penalty

Initial $5,000 · Current $3,000 Reduced

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:
On or about July 25, 2006, employee(s) were working in the fly ash
pit/pond #10 and
were exposed to uncontrolled slides of the settled out fly ash.
Among other methods, some feasible and acceptable abatement methods to
correct this hazard
are as follows:
1.Protect each employee within an excavation from cave-ins by an adequate
protective
system designed in accordance with Ohio Revised Code, Section 4123:1-3-13,
Paragraph
E or equivalent requirements as described within 29 CFR 1926.652(a)(1).
2.Ensure that daily inspections are made of the excavations as needed
through the shift and
of the adjacent areas, and protective systems, and conducted by a
competent
person(s)
for evidence of situation(s) that could result in possible cave-ins,
indications of failure
of protective systems or other hazardous conditions in accordance with the
requirements
as described within 29 CFR 1926.651(k)(1).
3.Ensure that employees are adequately protected from hazards associated
with water
accumulation in excavations, including but not limited to, assessing the
need for special
support or shield systems to protect from cave-ins, water removal to
control the level of
accumulating water, or equivalent requirements as described within 29 CFR
1926.651(h)(1).
In the Alternative
29 CFR 1926.651(h)(1):  Employees were working in excavations in which
there was
accumulated water, or excavations in which water was accumulating, and
adequate precautions
had not been taken to protect employees against hazards posed by water
accumulation:
a)On or about July 25, 2006, employee(s) working in fly ash pit/pond #10
excavating the
fly ash were not protected from hazards associated with water
accumulation, as there was
a steady stream of water coming out of the high wall face of the
excavation.
29 CFR 1926.651(k)(1):  Inspections of excavations, the adjacent areas,
and protective systems
were not made by a competent person prior to work and as needed throughout
the shift for
evidence of a situation that could have resulted in possible cave-ins,
indications of failure of
protective systems, hazardous atmospheres, or other hazardous conditions:
a)On or about July 25, 2006, there were no adequate daily inspections and
throughout the
shift of the excavation at fly ash pit/pond #10 as there was no soil
classification
determination made, there was no determination or measurement of slope of
the
excavation face, and there was no determination of the presence and
concentration
of
water.
29 CFR 1926.652(a)(1):  Each employee in an excavation was not protected
from cave-in by an
adequate protective systems designed in accordance with 29 CFR 1926.652(b)
or 1926.652(c):
a)On or about July 25, 2006, employee(s) while working in fly ash pit/pond
#10 were not
protected from cave-ins or similar hazards presented by excavating the
material as
employees were exposed to uncontrolled cave-ins or slides of the settled
out fly ash as
no protective system was used, such as but not limited to, a protective
sloping or
benching system.g