OSHA Inspection: BUTTERNUTS TN HIGHWAY DEPT

Issued

Jan 2, 2015

Abate by

Sep 3, 2017

General-duty citation text

NYSLL Article 2, Section 27-a.3.a(1):  The employer did not furnish to
each of its employees,
employment and a place of employment which was free from recognized
hazards that are causing
or were likely to cause death or serious physical harm to its employees
and which will provide
reasonable and adequate protection to the lives, safety or health of its
employees.  In applying
this paragraph, fundamental distinctions between private and public
employment have been
recognized.
Location: Butternuts Tn Highway Garage: The interior concrete block wall
separating the office
space from the maintenance bays exhibited signs of structural failure due
to settling of the
ground that the structure is built upon, presenting a struck by, caught
under or crushing hazard.
Employees are required to walk through two doors located on this
structurally compromised wall
and work adjacent to the wall while working in the maintenance bay daily.
Support for Serious Hazard Violation
a)Type of accident or health hazard the general duty clause was designed
to prevent:
Struck by, caught under or crushing due to wall collapse.
b)Type of injury which could occur:
Broken bones, lacerations, contusions, internal injuries.
c)Death or serious physical harm from accident:
Death or serious physical harm is possible.
d)Employer Knowledge:
The employer (Highway Superintendent and Town Supervisor) admitted they
were aware
of the structural problems.  Interim measures have been attempted. In
plain view.
General Duty Support
A)Employer did not provide a place of employment free of recognized
hazards that were
causing or likely to cause serious physical harm to employees.
a.Employees are required to walk through two doors located on this
structurally
compromised wall and work adjacent to the wall while working in the
maintenance bay daily.
B)The hazard was recognized/foreseeable.
a.The hazard was in plain view.  The wall shows both signs of horizontal
and vertical
cracking.  Employee interviews indicated this structure has been similarly
defective for years.
Steel plates with turnbuckles were installed in the hallway a number of
years ago in an attempt
to counteract the ground settling. No bracing or reinforcement has been
installed
along the length
of the wall.  The upcoming winter snow load could create an added danger.
C)The hazard was causing or likely to cause death or serious physical harm.
a.Collapse of this wall would likely cause serious physical harm including
broken bones,
contusions, or internal injuries.  Death is possible.
D)There is a feasible and adequate abatement method to correct the hazard.
Among other methods, some reasonable and adequate methods to correct this
hazard include but
are not limited to: ensuring that no employees enter the building at any
time for any reason other
than to make repairs, until such time as it has been determined that the
building is safe for entry.
(Professional Engineer determination); perform repairs on the existing
structure in accordance
with the 2010 Existing Building Code of New York State; or replace the
structure. Reasonable
and adequate abatement methods were discussed with the Town Supervisor.

Issued

Jan 10, 2014

Abate by

Jul 2, 2014

Issued

Jan 10, 2014

Abate by

Mar 19, 2014

Issued

Jan 10, 2014

Abate by

Feb 5, 2014

Issued

Jan 10, 2014

Abate by

Feb 5, 2014

Issued

Jan 10, 2014

Abate by

Feb 26, 2014

Issued

Jan 10, 2014

Abate by

Mar 19, 2014

Issued

Jan 10, 2014

Abate by

Feb 26, 2014

Issued

Jan 10, 2014

Abate by

Feb 5, 2014

Issued

Jan 10, 2014

Abate by

Feb 26, 2014