OSHA Inspection: BEAUHARNAIS ENTERPRISE INC. DBA B.E.I. ENGINEERING

Issued

Jul 11, 2012

Abate by

Aug 3, 2012

Penalty

Initial $3,000 · Current $2,100 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 the hazard of being struck by motor vehicles:
On or about 1/23/12
Location: Hutchinson Parkway at Westchester Avenue, Bronx, NY 10462
a) Employees were seated inside a stationary traffic control zone barrier
vehicle with a Truck
Mounted Impact Attenuator (TMIA) attached.
NOTE: The employer is required to submit abatement certification for this
item in
accordance with 29 CFR 1903.19.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT
METHOD TO CORRECT THE HAZARD IS: Follow the work zone traffic control set
up
contained in the New York State Department of Transportation Work Zone
Traffic Control
Manual, February 2009 edition, work zone set up TAST-C5UH which requires
the barrier
vehicle be unoccupied