OSHA Inspection: GLENN O HAWBAKER

Issued

Oct 19, 2010

Abate by

Oct 29, 2010

Penalty

Initial $2,500 · Current $1,750 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
within the
right-of-way who are exposed either to traffic or construction equipment
within the work area
shall wear high-visibility safety apparel. 23 CFR Section 634.4 defines
high visibility safety
apparel as; " personal protective safety clothing that is intended to
provide conspicuity during
both daytime and nighttime usage, and that meets Performance Class 2 or 3
requirements of the
ANSI/ISEA 107-2004 publication entitled 'American National Standard for
High-Visibility Safety
Apparel and Headwear.'"
(B) A second method would be to comply with OSHA's General Duty Clause as
it applies to the
FHWA rule which illustrates that the industry recognizes that construction
workers in
highway/road construction work zones need protection against the hazard
posed by moving
traffic. Furthermore, the standard indicates that a feasible means of
addressing that hazard is the
wearing of high-visibility apparel.
ABATEMENT CERTIFICATION REQUIREDATION