OSHA Inspection: HARVARD MAINTENANCE INC

Issued

Sep 28, 2010

Abate by

Oct 8, 2010

Penalty

Initial $2,500 · Current $1,875 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 in
that employees were
exposed to:  Being struck-by and/or crushed-by moving vehicle traffic in
temporary traffic
control zone.
At the construction site, 7 West 66th Street, New York, NY 10023
On or about 06/05/10
Employees directing traffic & shifting cones around a temporary traffic
control zone (during
window cleaning operations) were exposed to being struck by moving
vehicles.  Employees did
not follow standard MUTCD safety procedures; employees were not wearing
red or orange
garments while flagging and a transition area (with correct length & cone
placement) was not
created to safely move traffic from a normal two lane path to one lane
only.
Abatement Note: One feasible means of abatement to correct this hazard is
to comply with Part
VI, "Standards and Guides for Traffic Controls for Street and Highway
Construction,
Maintenance, Utility, and Incident Management Operations", Manual on
Uniform Traffic
Control Devices (MUTCD), 1988 Edition, Revision 3, September 3, 1993 as
published by the
US Department of Transportation's Federal Highway Administration.
1)  Follow section 6C-3 "Tapers", with transition area length and cone
placement determined
by the width of the traffic offset and vehicle speed.
2)  Follow section 6D-2 "Worker Safety Considerations" which states that
workers exposed to
traffic should be attired in bright, highly-visible clothing similar to
that of flaggers.
3)  Instruct employees on the dangers of working where exposed to moving
vehicle traffic
without proper safety attire and temporary traffic control
methods/procedures.
NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF
ABATEMENT FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN
ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.