OSHA Inspection: ARTIMUS CONSTRUCTION INC.

Issued

Nov 19, 2009

Abate by

Dec 2, 2009

Penalty

Initial $1,500 · Current $1,088 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The
employer did not
furnish to each of his employees 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 being crushed when the
31,000 lb fork-truck
tipped over at the jobsite:
Location:  1473 5th Ave, New York, N.Y.
On or about 10/1/2009
The Lull fork-truck tipped over when lifting a 4000 lb pallet of
cinderblocks 55 ft up to the
6th floor.  The machine and load of cinderblock tipped onto the street and
pulled down part
of the sidewalk canopy.  The following safety measures were not provided:
a)The employer did not have the Operations/Safety Manual for the
fork-truck.
b)A signalperson was not provided when the operator had limited view of
the load due
to the steep angle of the boom and was attempting to land the load through
a narrow
opening in the guardrail.  There was a jobsite flagman but that person was
was
flagging street traffic and was not monitoring the boom lift.
c)   The employer did not ensure the operator knew the weight of the load
(4000
the height of the lift (55 ft) which were needed for using the load chart f
truck.
d)   The lift was not stopped when the operator encountered difficulty
controlli
when booming up the 4000 lb load at a steep angle.
e)   The rear axle of the fork-truck was tilted causing the rear of the
truck to
left side in the direction that it tipped over.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT
METHOD TO CORRECT THIS HAZARD IS:  Comply with the Operations/Safety manual
for the Lull fork-truck Model 1044C-54 which states:
a)Manual page (b)/ and a warning label in the cab states "Do not operate
this machine
until you have read and are thoroughly familiar with the operators manual
(and)
Always keep the operators manual with the machine."
b)Manual pg 28, no. 5, which says "Placing a load safely at a high
elevation may
require a signalman to guide you."
c)   Manual pg 28, no. 1: "(operator) should know or be able to estimate
the wei
load center of the load".
d)   Manual pg 28, no. 5:  "If there is any indication of instability
during the
movement, leaning, swaying), stop immediately".
e)   Manual pg 24, pg 27, and a warning label in the cab states: "Frame
Tilt Con
Always level the machine before raising the boom. Never tilt the frame with
boom raised. Machine may tip..".
NOTE:  THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION
FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19; OSHA website
www.osha.gov.

Issued

Nov 19, 2009

Abate by

Dec 9, 2009

Penalty

Initial $1,500 · Current $1,088 Reduced

Issued

Nov 19, 2009

Abate by

Dec 9, 2009

Issued

Nov 19, 2009

Abate by

Dec 9, 2009

Penalty

Initial $750 · Current $544 Reduced

Issued

Nov 19, 2009

Abate by

Dec 2, 2009

Penalty

Initial $750 · Current $544 Reduced