OSHA Inspection: NYCTA DIVISION OF TRACKS

Issued

Jan 31, 2011

Abate by

Apr 28, 2011

General-duty citation text

New York State Labor Law Article 2, Section 27-a (3) (a) (1): The employer
did not furnish
to each of its employees, employment and a place of employment which are
free from
recognized hazards that are causing or are likely to cause death or
serious
physical harm to
its employees and which will provide reasonable and adequate protections
to the lives, safety
or health of its employees.  In applying this paragraph, fundamental
distinctions between
private and public employment have been recognized.
a) New York City Transit Authority (NYCTA)
Division of Tracks
78-15 Grand Central Parkway
Forest Hills, NY 11375
The employer failed to keep the workplace free of a recognized hazard that
caused death and
serious physical harm to its employees; New York City Transit Department
of Subways,
Rolling Stock and MOW Departmental Procedure, Implementation of RTO
General Orders,
Procedure Number 4: Part 3.4.1 States in part: When the work has finished,
the Supervisor
in charge (SIC) and all Piggybacking Supervisors will inspect their
respective work
performed along the track way (including the track, signal apparatus and
contact
rail work)
for completeness and safety and that all unnecessary personnel are off
track prior to
restoration of power and the movement of trains. The NYC Transit Authority
employee died
while carrying a five gallon bucket of spikes across a live exposed
contact rail. This five
gallon bucket of spikes should have been safely secured during the clean-
up phase of track
panel installation project. The power to third rail was restored before
the employee could
safely secure the bucket of spikes. The employer did not ensure that the
employee had
completed his require assignment before the power was restored to the
contact rail.
Moreover, the employer failed to keep the workplace free of a recognized
hazard that caused
death and serious physical harm to its employees; when the employee
sustained a fatal injury
as a result of coming in contact with the live exposed contact rail
(without the protection
board). In this instance, at the time of the incident the employee was
trying
to clear the track
and make the track safe for the train service by securing a five gallon
bucket of spikes.
The above described conditions are hazards likely to cause death or
serious physical harm in
that the hazard caused the death of an NYCTA employee, Mr. James Knell on
April 26,
2010.