OMAHA, NE — 2010-04-15 00:00:00

OSHA Inspection: SWAIN CONSTRUCTION

Referral inspection · Safety discipline

At a glance

On 2010-04-15 00:00:00, OSHA opened a referral safety inspection of SWAIN CONSTRUCTION in 88TH AND MAPLE STREETS, OMAHA, NE 68111 (NAICS 238990). OSHA activity number 314054602.

What this inspection record means

OSHA opens inspections for many reasons — routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.

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Where did this inspection happen?

Establishment: SWAIN CONSTRUCTION
Site address: 88TH AND MAPLE STREETS
City: OMAHA
State: NE
ZIP: 68111
Mailing: 6002 N. 89TH CIRCLE, OMAHA, NE 68134

What kind of inspection was it?

Inspection type: Referral (C)
Scope: Partial (B)
Discipline: Safety
Advance notice: No
Union status: N

When did the case open and close?

Opened: 2010-04-15 00:00:00
Closing conference: 2010-09-27 00:00:00
Case closed: 2013-12-19 00:00:00
Last modified: 2013-12-23 00:00:00
Data loaded: 2013-12-26 01:01:27

Establishment context

NAICS code: 238990
SIC code (legacy): 1771
Employees: 65
Ownership type: A
Industry flags: Construction safety.

Citations

17 citations on file for this inspection.

1926.20 B02

Repeat Gravity 10 7 instances 7 exposed

Issued: Sep 27, 2010
Abate by: May 31, 2011
Penalty: Initial $6,300 · Current $31,500

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 are exposed to crushing hazards associated
with using
equipment that is not safe to operate.  The employer failed to ensure that
equipment being
utilized by the employees was either tagged out of service or physically
removed from its
place of operation when it was found to be unsafe.
On April 14, 2010 an employee sustained near fatal injuries while he was
exiting a Case Skid
Steer loader which had been modified to bypass the safety devices.  The
machine had been in
operation with the bypass in place for up to one year and not removed form
service as a
result of the unsafe conditions.  Additionally, on 4/22/2010, 4 additional
skid steer machines
were found to have defects that warranted removal from service and were
either
still in use
or available for use.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT
METHOD TO CORRECT THIS HAZARD IS:
(a)  Develop and implement written procedures requiring operators of skid
steers to
ensure that the machines are inspected prior to use and removed from
service when
issues are noted.  This would include anything that arises during the
shift that occurs
as a result of normal use.
(b)  Develop and implement a disciplinary action program and procedures to
ensure
that employees remove damaged or defective equipment from service.
(c)  Take precautions with regards to the vehicles to prevent an accident
from
happening including but not limited to, ensuring all vehicle operators are
trained in
the safe operation of the vehicle.   This must include all of the safety
items
identified
in the operator's manual for the equipment.
Abatement certification and abatement documentation is required for this
violation. The
documentation should include written verification of abatement, applicable
measurements or
monitoring results, and photographs or videos which you believe will be
helpful. The
abatement certification sheet is enclosed with the citations.

Recent events (3)

2011-05-03 00:00:00 — P (R) $31500.00
2011-04-13 00:00:00 — F (R) $31500.00
2010-09-27 00:00:00 — Z (S) $6300.00

1910.22 A01

Other-than-serious Gravity 01 2 instances 2 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $1,350 · Current $50 Reduced

Recent events (2)

2011-04-13 00:00:00 — F (O) $50.00
2010-09-27 00:00:00 — Z (S) $1350.00

1910.22 D01

Other-than-serious Gravity 02 1 instance 2 exposed

Issued: Sep 27, 2010
Abate by: Oct 15, 2010
Penalty: Initial $1,800 · Current $50 Reduced

Recent events (2)

2011-04-13 00:00:00 — F (O) $50.00
2010-09-27 00:00:00 — Z (S) $1800.00

1910.23 D01

Serious Gravity 03 1 instance 3 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $2,250 · Current $2,250

Recent events (2)

2011-04-13 00:00:00 — F (S) $2250.00
2010-09-27 00:00:00 — Z (S) $2250.00

1910.147 C01

Serious Gravity 10 3 instances 3 exposed

Issued: Sep 27, 2010
Abate by: May 31, 2011
Penalty: Initial $6,300 · Current $6,300

Recent events (3)

2011-05-03 00:00:00 — P (S) $6300.00
2011-04-13 00:00:00 — F (S) $6300.00
2010-09-27 00:00:00 — Z (S) $6300.00

1910.147 C07 I

Serious Gravity 10 3 instances 3 exposed

Issued: Sep 27, 2010
Abate by: May 31, 2011
Penalty: Initial $6,300

Recent events (3)

2011-05-03 00:00:00 — P (S)
2011-04-13 00:00:00 — F (S)
2010-09-27 00:00:00 — Z (S) $6300.00

1910.212 A01

Serious Gravity 10 2 instances 1 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $4,500 · Current $4,500

Recent events (2)

2011-04-13 00:00:00 — F (S) $4500.00
2010-09-27 00:00:00 — Z (S) $4500.00

1910.215 A04

Other-than-serious Gravity 02 1 instance 1 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $1,800 · Current $50 Reduced

Recent events (2)

2011-04-13 00:00:00 — F (O) $50.00
2010-09-27 00:00:00 — Z (S) $1800.00

1910.215 B09

Other-than-serious Gravity 02 1 instance 1 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011

Recent events (2)

2011-04-13 00:00:00 — F (O)
2010-09-27 00:00:00 — Z (S)

1910.243 B02

Other-than-serious Gravity 05 1 instance 2 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $3,150 · Current $50 Reduced

Recent events (2)

2011-04-13 00:00:00 — F (O) $50.00
2010-09-27 00:00:00 — Z (S) $3150.00

1910.303 F02

Deleted Serious Gravity 02 1 instance 2 exposed

Issued: Sep 27, 2010
Abate by: Oct 15, 2010
Penalty: Initial $1,800

Recent events (2)

2011-04-13 00:00:00 — F (S)
2010-09-27 00:00:00 — Z (S) $1800.00

1910.305 A02 IV

Serious Gravity 10 4 instances 2 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $4,500 · Current $4,500

Recent events (2)

2011-04-13 00:00:00 — F (S) $4500.00
2010-09-27 00:00:00 — Z (S) $4500.00

1910.1200 E01

Other-than-serious Gravity 10 1 instance 7 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $4,500 · Current $50 Reduced

Recent events (2)

2011-04-13 00:00:00 — F (O) $50.00
2010-09-27 00:00:00 — Z (S) $4500.00

1910.1200 H

Other-than-serious Gravity 10 7 instances 7 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011

Recent events (2)

2011-04-13 00:00:00 — F (O)
2010-09-27 00:00:00 — Z (S)

1926.20 B02

Serious Gravity 10 7 instances 7 exposed

Issued: Sep 27, 2010
Abate by: May 31, 2011
Penalty: Initial $6,300 · Current $6,300

Recent events (3)

2011-05-03 00:00:00 — P (S) $6300.00
2011-04-13 00:00:00 — F (S) $6300.00
2010-09-27 00:00:00 — Z (S) $6300.00

1926.95 A

Serious Gravity 10 7 instances 7 exposed

Issued: Sep 27, 2010
Abate by: Apr 4, 2011
Penalty: Initial $4,500 · Current $4,400 Reduced

Recent events (2)

2011-04-13 00:00:00 — F (S) $4400.00
2010-09-27 00:00:00 — Z (S) $4500.00

1926.20 B04

Deleted Willful Gravity 10 7 instances 7 exposed

Issued: Sep 27, 2010
Abate by: Oct 15, 2010
Penalty: Initial $63,000

Recent events (2)

2011-04-13 00:00:00 — F (W)
2010-09-27 00:00:00 — Z (W) $63000.00

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Source

This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 314054602.

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