OSHA Inspection: OTSEGO CO HIGHWAY DEPT

Issued

Oct 1, 2014

Abate by

Feb 9, 2015

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: Otsego County Highway Department, Main Building, Parking Garage:
One of the
lintels for an overhead garage door was damaged by a backhoe moving below
it. A portion of
the damaged header section and several lose 4-inch masonry bricks in the
first row above the
header were removed. The damage caused by the backhoe and the removal of
the header section
and masonry bricks have compromised the structural integrity in this area
presenting a struck
by, caught under or crushing hazard.
Employees are required to walk or drive through the structurally
compromised garage bay.
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 structure collapse.
b)Type of injury which could occure:
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) admitted awareness of the structural
problems.
Interim measures have been attempled. The hazard is in plain view at the
worksite.
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 or drive through the structurally
compromised garage
bay. The hazard was in plain view. When the lintel of the overhead door
was damaged by a
backhoe moving below it, a portion of the damaged header section and
several loose 4-inch
masonry bricks in the first row above the header were removed. Employee
interviews indicate
that the area was blocked off at one time to warn against falling debris.
The damaged headersection and masonry bricks in the first row above the
damaged header that were removed from
the structure when it was damaged were not repaired or replaced. The
damaged section is
outdoors and exposed to the elements which could create additional damage
and added danger.
B) The hazard was recognized/foreseeable.
a)This type of hazard is recognized by industry recognition and by common
sense
recognition. The structural damage and deficiencies where evaluated and
confirmed by a
professional engineer on or about September 5, 2014.
C) The hazard was causing or likely to cause death or serious physical
harm.
a)Debris falling from this overhead walkway/drive through area would be
likely to 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 or exit
the
garage bay at any
time for any reason other than to make repairs, until such time as it has
been determined that
the area is safe for entry/egress. (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
Highway Superintendent.

Issued

Oct 1, 2014

Abate by

Nov 17, 2014

Issued

Oct 1, 2014

Abate by

Nov 17, 2014

Issued

Oct 1, 2014

Abate by

Oct 27, 2014

Issued

Oct 1, 2014

Abate by

Nov 17, 2014

Issued

Oct 1, 2014

Abate by

Nov 17, 2014

Issued

Oct 1, 2014

Abate by

Oct 27, 2014

Issued

Oct 1, 2014

Abate by

Oct 27, 2014

Issued

Oct 1, 2014

Abate by

Oct 27, 2014

Issued

Oct 1, 2014

Abate by

Dec 29, 2014