OSHA Inspection: LUCIA, LLC

Issued

2008-12-15 00:00:00

Abate by

2009-01-05 00:00:00

Penalty

Initial $7000.00 · Current $4480.00 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The
employer
does not furnish employment and a place of employment which are free from
recognized hazards that cause or are likely to cause death or serious
physical harm
to employees in that employees are exposed to struck-by hazards from
unbraced
cement masonry unit (CMU) walls:
The employer does not appoint a responsible person to monitor the wind
conditions
in close proximity to the masonry walls under construction, and does not
evacuate
the restricted zone when wind speeds exceeded 25 miles per hour as
specified in
Table A2.3 "Intermediate Period Maximum Unbraced Heights for 25 mph
Evacuation Wind Speed (30 mph Design Wind Speed)", as per the "Standard
Practice for Bracing Masonry Walls Under Construction" July 2001.
This practice led to the collapse of unbraced masonry walls 9'8" in height
on or
about June 19, 2008.
Among other methods, feasible and acceptable abatement methods to correct
the
hazardous conditions that were present on June 19, 2008, would include the
following:
a.Appoint a Responsible Person to perform wind speed monitoring during the
initial and intermediate periods of masonry construction;
b.Monitor wind conditions during the initial and intermediate periods in
close
proximity to the masonry walls under construction and evacuate the
restricted zone when wind speed limitations of the standard are met;
c.When visual methods are used instead of instrumental methods of
monitoring
wind speed, the limiting wind speed must be the observed wind speed plus
5 miles per hour, as described and defined in the Standard Practice;
d.When determining maximum wall height and bracing locations, consider
rebar-reinforced walls to be unreinforced walls until grout has been in
place
for more than 12 hours, as required  in "Standard Practice for Masonry
Walls Under Construction", footnote 8, Tables A2.1 through A2.5.
Pursuant to 29 CFR 1903.19, within ten calendar days of the date of this
citation,
the employer must submit documentation showing that it is in compliance
with this
standard, including documentation showing that the deficiencies have been
corrected.
DISCLAIMER: 1) You are not limited to the abatement methods suggested
above.
2) The methods explained are general and may not be effective in all
cases.  3)
The employer is responsible for selecting and carrying out an appropriate
method.