OSHA Inspection: FRANCHISE CONTRACTORS, LLC

Issued

Oct 17, 2012

Penalty

Initial $1,320 · Current $660 Reduced

General-duty citation text

29 CFR 1926.451(c)(2): Supported scaffold poles, legs, posts, frames, and uprights did not bear on base plates and mud sills or other adequate firm foundation:    location: stair tower  on or about: 4/18/12    a) Employees, installing the drop ceiling and doing electrical work, were working from a tubular welded frame scaffold. The scaffold did not bear on base plates.    location: front of the building  on or about: 4/18/12    b) Employees, caulking and installing the window drop edge, were working from a tubular welded frame scaffold. 2 of the 4 scaffold poles did not bear on base plates.

Issued

Oct 17, 2012

Penalty

Initial $2,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1926.451(g)(1): Employees on scaffolds more than 10 feet (3.1 m) above a lower level were not protected from falling to that lower level by fall protection established in paragraphs (g)(1)(i)-(vii) of this section:    location: stair tower  on or about: 4/18/12    a) Employees, installing the drop ceiling and doing electrical work, were working from a tubular welded frame scaffold without fall protection. The employees were exposed to a fall of 12 feet 11 inches.

Issued

Oct 17, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.454(a): The employer did not have each employee who performed work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards:      location: stair tower  on or about: 4/18/12    a)  Employees were installing the drop ceiling from tubular welded frame scaffolding. The employees were not provided with scaffold safety training.

Issued

Oct 17, 2012

Penalty

Initial $2,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1926.501(b)(1): "Unprotected sides and edges." Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems:    location: roof  on or about: 4/18/12    a) Employees, who were installing trim from the roof, were not provided with any means of fall protection.  The employees were exposed to a fall of 32 feet.

Issued

Oct 17, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.503(a)(1): The employer did not provide a training program for each employee potentially exposed to fall hazards to enable each employee to recognize the hazards of falling and the procedures to be followed in order to minimize these hazards:      location: roof  on or about: 4/18/12    a) Employees, who were installing trim from the roof and exposed to falls of 32 feet, were not provided with fall protection training.

Issued

Oct 17, 2012

Penalty

Initial $1,320 · Current $660 Reduced

General-duty citation text

29 CFR 1926.502(i)(3): All covers were not secured when installed so as to prevent accidental displacement by the wind, equipment, or employees.    location: stair tower   on or about: 4/18/12    a) Employees were working beside 2 pieces of plywood that were covering the flag pole opening. The plywood cover of the 2'10" diameter opening was not secured.

Issued

Oct 17, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.502(i)(4): All covers were not color coded or they shall be marked with the word "HOLE" or "COVER" to provide warning of the hazard:  Note: This provision does not apply to cast iron manhole covers or steel grates used on streets or roadways.    location: stair tower   on or about: 4/18/12    a) Employees were working beside 2 pieces of plywood that were covering the flag pole opening. The plywood cover of the 2'10" diameter opening was not color coded or marked.

Issued

Oct 17, 2012

Penalty

Initial $1,320 · Current $660 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): When portable ladders are used for access to an upper landing surface, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder was not secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder.  In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support:      location: rear of building  on or about: 4/18/12    a) Employees were using a Louisville extension ladder to access the roof. The ladder only extended 1 foot above the roof.

Issued

Oct 17, 2012

Penalty

Initial $3,520 · Current $1,760 Reduced

General-duty citation text

29 CFR 1926.404(b)(1)(i): General. The employer did not use either ground fault circuit interrupters as specified in paragraph (b)(1)(ii) of this section or an assured equipment grounding conductor program as specified in paragraph (b)(1)(iii) of this section to protect employees on construction sites. These requirements are in addition to any other requirements for equipment grounding conductors:    location: rear of building  on or about: 4/18/12    a) Employees were using electrical equipment, including but not limited to a Makita 9557NB grinder, while engaged in tile work. The employees were not provided with GFCI protection or an assured equipment grounding conductor program.    FRANCHISE CONTRACTORS, LLC WAS PREVIOUSLY CITED SERIOUS FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD 29 CFR 1926.404(b)(1)(i) WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 314979618 CITATION NUMBER 1 ITEM 2 AND WAS AFFIRMED AS FINAL ORDER ON 1/30/2012, WITH RESPECT TO A WORKPLACE LOCATED AT 332 BEDFORD CENTER RD., BEDFORD HILLS, NY.

Issued

Oct 17, 2012

Penalty

Initial $4,400 · Current $2,200 Reduced

General-duty citation text

29 CFR 1926.453(b)(2)(v): A body belt was not worn and a lanyard attached to the boom or basket when working from an aerial lift. Note to paragraph (b)(2)(v): As of January 1, 1998, subpart M of this part (1926.502(d)) provides that body belts are not acceptable as part of a personal fall arrest system. The use of a body belt in a tethering system or in a restraint system is acceptable and is regulated under 1926.502(e):    location: front of building  on or about: 4/18/12    a) An employee was installing trim to the top of the firehouse. The employee, working from a Genie S-45 areial lift, was not using a body belt or personal fall arrest system.    FRANCHISE CONTRACTORS, LLC WAS PREVIOUSLY CITED SERIOUS FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD 29 CFR 1926.453(b)(2)(v) WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 315752121 CITATION NUMBER 1 ITEM 4 AND WAS AFFIRMED AS FINAL ORDER ON 1/30/2012, WITH RESPECT TO A WORKPLACE LOCATED AT 138 STATE ROUTE 94, WARWICK, NY.