OSHA Inspection: MARTINEZ WESTERN CONSTRUCTORS, INC.

Issued

Sep 7, 2011

Abate by

Sep 21, 2011

Penalty

Initial $1,800 · Current $1,800

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury:\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\n(a)Martinez Western Constructors, Inc., at Midland Ave., Glenwood Springs, CO 81601:  The employer did not develop or implement a safety and health program and did not provide training to his employees regarding hazards associated with their work environment.  In this instance the employees did not understand how to recognize and avoid the hazards of working in an unprotected trench 10 feet deep with shear walls.\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\nAbatement Note:  A comprehensive Safety and Health Program would include the following suggested elements:\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\n(1)\\\\\\\\tManagement Commitment and Leadership\\\\\\\\r\\\\\\\\n(a)\\\\\\\\tPolicy statement: goals established, issued and communicated to employees.\\\\\\\\r\\\\\\\\n(b)\\\\\\\\tProgram reviewed annually.\\\\\\\\r\\\\\\\\n(c)\\\\\\\\tParticipation in safety meeting, inspection; agenda item in meetings.\\\\\\\\r\\\\\\\\n(d)\\\\\\\\tAdequate commitment or resources.\\\\\\\\r\\\\\\\\n(e)\\\\\\\\tSafety rules and procedures incorporated into site operations.\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\n(2)\\\\\\\\tAssignment of Responsibility\\\\\\\\r\\\\\\\\n(a)\\\\\\\\tSafety designee on site, knowledgeable and accountable.\\\\\\\\r\\\\\\\\n(b)\\\\\\\\tSupervisors\\\\\\\\\\\\\\\' (including foremen) safety and health responsibilities understood.\\\\\\\\r\\\\\\\\n(c)\\\\\\\\tEmployees adherence to safety rules.\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\n(3)\\\\\\\\tIdentification and Control of Hazards\\\\\\\\r\\\\\\\\n(a)\\\\\\\\tPeriodic site inspection program involving supervisors.\\\\\\\\r\\\\\\\\n(b)\\\\\\\\tPreventative controls in place (PPE, Maintenance, Engineering Controls)\\\\\\\\r\\\\\\\\n(c)\\\\\\\\tAction taken to address hazards.\\\\\\\\r\\\\\\\\n(d)\\\\\\\\tSafety Committee, where appropriate.\\\\\\\\r\\\\\\\\n(e)\\\\\\\\tTechnical reference materials available.\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\n(4)\\\\\\\\tTraining and Education\\\\\\\\r\\\\\\\\n(a)\\\\\\\\tSupervisors receive basic safety and health training.\\\\\\\\r\\\\\\\\n(b)\\\\\\\\tSpecialized training taken when needed.\\\\\\\\r\\\\\\\\n(c)\\\\\\\\tExistence of an employee training program, which is ongoing and effective.\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\n(5)\\\\\\\\tRecordkeeping and Hazard Analysis\\\\\\\\r\\\\\\\\n(a)\\\\\\\\tRecords maintained of employee illnesses/injuries and posted.\\\\\\\\r\\\\\\\\n(b)\\\\\\\\tSupervisors perform accident investigations, determine causes, propose corrective action.\\\\\\\\r\\\\\\\\n\\\\\\\\r\\\\\\\\n(6)\\\\\\\\tFirst Aid and Medical Assistance\\\\\\\\r\\\\\\\\n(a)\\\\\\\\tFirst aid supplies and medical services available.\\\\\\\\r\\\\\\\\n(b)\\\\\\\\tEmployees informed of medical results.\\\\\\\\r\\\\\\\\n(c)\\\\\\\\tEmergency procedures and training, where necessary.\\\\r\\\\n\\\\r\\\\nnMartinez Western Constructors, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent 29 CFR 1926.652(a)(1) which was contained in OSHA inspection number 311911507, citation number 1, item 001, issued April 22, 2009 and became a final order on May 6, 2009 with respect to a workplace located at Midland Bypass Road, Glenwood Springs, CO 81601.

Issued

Sep 7, 2011

Abate by

Sep 21, 2011

Penalty

Initial $4,200 · Current $4,200

General-duty citation text

29 CFR 1926.651(c)(2):  A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees:(a)Martinez Western Constructors, Inc., at Midland Ave., Glenwood Springs, CO 81601:  On August 30, 2011 the employer did not ensure entry and egress form the trench was provided.  The employee worked in an unprotected trench approximantly 10 feet deep and required the help of the operator to exit the trench.  This condition exposed employees to the hazard of trench cave in.

Issued

Sep 7, 2011

Abate by

Sep 21, 2011

Penalty

Initial $4,200 · Current $4,200

General-duty citation text

29 CFR 1926.651(k)(1): An inspection of the excavations, the adjacent areas, and protective systems was not conducted by the competent person prior to the start of work and as needed throughout the shift:\\r\\n\\r\\n(a)Martinez Western Constructors, Inc., at Midland Ave., Glenwood Springs, CO 81601:  On August 30, 2011 the employer did not ensure a competent person inspected the excavation prior to start of work and during each shift in that no competent person inspected the trench to identify the lack of an appropriate protective system and did not take prompt corrective action to eliminate the cave-in hazard.  This condition exposed the employee to the hazards of working in an unprotected excavation\\r\\n\\r\\nAbatement Note:  \\\"Competent person\\\" means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Issued

Sep 7, 2011

Abate by

Sep 21, 2011

Penalty

Initial $21,000 · Current $21,000

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or (c):(a)Martinez Western Contractors, Inc., at Midland Ave., Glenwood Springs, CO 81601:  On August 30, 2011 the employer did not ensure that each employee conducting work in an excavation was protected from cave-in, in that the excavation was approximately 10 feet deep and lacked an adequate protective system, such as appropriate sloping, benching, or shield system.  This condition exposed the employees to a crushing hazard by excavation wall cave-in.\\r\\n\\r\\nMartinez Western Constructors, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent 29 CFR 1926.652(a)(1) which was contained in OSHA inspection number 311911507, citation number 2, item 001, issued April 22, 2009 and became a final order on May 6, 2009 with respect to a workplace located at Midland Bypass Road, Glenwood Springs, CO 81601.\\r\\n\\r\\nMartinez Western Constructors, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent 29 CFR 1926.652(a)(1) which was contained in OSHA inspection number 313419541, citation number 1, item 001, issued June 3, 2010 and became a final order on June 30, 2010 with respect to a workplace located at Donegan Road, Glenwood Springs, CO. 81601.\\r\\n\\r\\n