OSHA Inspection: F. MILLER CONSTRUCTION, LLC

Issued

May 9, 2011

Abate by

Jun 9, 2011

Penalty

Initial $6,300 · Current $6,300

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
employer does not
furnish to each of his employees employment and a place of employment
which are free from
the recognized hazards of being struck by falling equipment and materials
which are causing or
likely to cause death or serious physical harm to employees:
This violation was observed on or about November 16, 2011, at the
construction site of the
Caminada Bay Bridge, Grande Isle, Louisiana. Employees were operating pile
driving equipment
that had been modified by the employer without the consent of the
manufacturer and/or a
Professional Engineer (P.E.). Employees were exposed to the hazard of
being
struck by falling
equipment and materials in the event of a failure.
Among other feasible methods to correct the identified hazard, one method
would be to obtain
the recommendations of a Professional Engineer (P.E.) and/or the
manufacturer prior to
removing portions of and/or modifying the structural members of pile
driving leads.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the
abatement date, the
employer must submit documentation describing the actions it is taking to
establish,
communicate, and implement written procedures to ensure that structural or
other critical
changes are not made to equipment without the consent of the manufacturer
and/or a
Professional Engineer (P.E.).