OSHA Inspection: GARY DYER, INC.

Issued

May 25, 2012

Penalty

Initial $4,200 · Current $4,000 Reduced

General-duty citation text

29 CFR 1926.651(j)(2):     Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations.  Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.    a)  At the jobsite, on or about 3/30/12:  An employee was working inside a 10 foot deep trench where the spoil pile was placed along the edge of the excavation.  This excavation was subject to vibrations from the highway located directly next to the open trench.

Issued

May 25, 2012

Penalty

Initial $0 · Current $0

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)  At the jobsite, on or about 3/30/12:  An employee was working inside a 10 foot deep trench where a step ladder was placed against the excavation wall improperly as an egress aid.  The step ladder did not extend above grade and forced the employee to use his hands to exit the trench.  The step ladder was not used as it was designed to be used.

Issued

May 25, 2012

Penalty

Initial $0 · Current $0

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(c).    a)  At the jobsite, on or about 3/30/12:  An employee was working inside a 10 foot deep trench where a 6 foot trench box was provided.  The employee also worked outside the box.

Issued

May 25, 2012

Abate by

May 30, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.652(b)(3)(iii):     Tabulated data, identifying the registered professional engineer who approved the data, was not maintained at the jobsite during construction of the protective system.  After that time, that data was not made available to the Secretary when requested.      a)  At the jobsite, on or about 3/30/12:  An employee was working inside a 10 foot deep trench where a 6 foot trench box was provided.  The employee also worked outside the box.  No engineering data was maintained at the jobsite.  No engineering data was provided by the employer upon request.      Abatement certification must be submitted for this item.

Issued

May 25, 2012

Penalty

Initial $2,400 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1):     Where a portable ladder was used for access to an upper level landing surface and the laddes length did not allow the ladder side rails to extend at least 3 feet (0.9 m) above the upper landing surface being accessed, the ladder was not secured at its top to a rigid support that will not deflect, and/or a grasping device was not provided to assist emmployees in mounting and dismounting the ladder.    a)  At the jobsite, on or about 3/30/12:  An employee was working inside a 10 foot deep trench where a step ladder was placed against the excavation wall improperly as an egress aid.  The step ladder did not extend above grade and forced the employee to use his hands to exit the trench.  The step ladder was not used as it was designed to be used.

Issued

May 25, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(4):     Ladder(s) were used for purposes other than the purpose for which they were designed:    a)  At the jobsite, on or about 3/30/12:  An employee was working inside a 10 foot deep trench where a step ladder was placed against the excavation wall improperly as an egress aid.  The step ladder did not extend above grade and forced the employee to use his hands to exit the trench.  The step ladder was not used as it was designed to be used.

Issued

May 25, 2012

Abate by

Jun 24, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1060(a):     The employer did not provide a training program for each employee using ladders and stairways, as necessary, which would enable each employee to recognize hazards related to ladders and stairways and train each employee in the procedures to be followed to minimize these hazards.    a)  At the jobsite, on or about 3/30/12:  An employee was working inside a 10 foot deep trench where a step ladder was placed against the excavation wall improperly as an egress aid.  The step ladder did not extend above grade and forced the employee to use his hands to exit the trench.  The step ladder was not used as it was designed to be used.  This employee was not trained on the hazards associated with improproper uses of ladders.     Abatement certification must be submitted for this item.