OSHA Inspection: TOTAL CONTRACTING LIMITED

Issued

Feb 15, 2007

Abate by

Feb 21, 2007

Penalty

Initial $2,500 · Current $1,250 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 employees were
exposed to:
Fall and caught-in-between hazards when employees were riding in the
bucket of an excavator
to access and egress the 24 foot deep excavation at the corner of Kirby
and Holcombe in
Houston, Texas.
(a) The employer failed to keep the workplace free of a hazard to which
employees of that
employer were exposed to fall hazards while riding in an excavator's
bucket. The company's
foreman was present at the job site and knew employees were being exposed
to a hazard.
(b)The hazard was recognized: The company foreman was also the competent
person
with over
20 years of construction experience and had the company exercised due
diligence, the company
would have noticed that the employees were being exposed to the hazard of
falling from a
height, and should have taken the appropriate steps to abate the hazard(s).
(c)The hazard was causing or was likely to cause death or serious physical
harm: Had employees
fallen out of the excavator's bucket, they could have fallen over 24 feet
in height or been caught-
in-between and crushed which could cause death or serious physical harm.
(d)There was a feasible and useful method to correct the hazard: Among
feasible means of
abatement would be to comply with the Equipment Manufacturers Institute
Safety Manual and
require employees to not ride in the excavator bucket. Given its knowledge
of the workplace,
another feasible and acceptable methods to correct the hazards would be to
provide:
(1)Development and implementation of a training program specifically
addressing
safe operating
procedures while using an excavator;
(2)Enforcement of company safety rules and policies.

Issued

Feb 15, 2007

Abate by

Feb 21, 2007

Penalty

Initial $1,250 · Current $625 Reduced