OSHA Inspection: ACCURA RESTORATION INC.

Issued

Jul 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $3,000 · Current $1,500 Reduced

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 are 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)  The employee was in the 9.5 ft deep unshored excavation without a ladder when the earth wall of the excavation collapsed.  The excavation had a step-back 4 ft below grade but a ladder was still needed to allow for safe unrestricted entry and egress from the hole.     Location: 1753 Park Ave, New York, N.Y.     On or about 3/2/2012     NOTE:  BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE INSPECTION CASE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION OR DOCUMENTATION OF ABATEMENT FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 18, 2012

Abate by

Aug 1, 2012

Penalty

Initial $4,200 · Current $2,100 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 keeping such objects at least 2 feet from the edge of excavations or properly restraining them from falling into the excavation:    a)  The employer dug an excavation 9 feet deep alongside the foundation wall.  A large (3 feet wide) piece of flat concrete was excavated and left unsecured at the edge of the hole.  A cave-in occurred in which the dirt walls and also the piece of concrete fell into the hole on an employee.  The employer failed to secure the piece of concrete or move it away from the edge of the excavation.     Location: 1753 Park Ave, New York, N.Y.     On or about 3/2/2012     NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE INSPECTION CASE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION OR DOCUMENTATION OF ABATEMENT FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 18, 2012

Abate by

Aug 1, 2012

Penalty

Initial $4,200 · Current $2,100 Reduced

General-duty citation text

29 CFR 1926.651(k)(1):  Daily inspections of excavations, the adjacent areas, and protective systems  were not  made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.      a)  Employees were left unsupervised at the jobsite and told to dig down along the building foundation to find a water leak.  Employees dug to 9.5 ft without installing excavation shoring to prevent cave-in hazard.  A cave-in occurred, trapping an employee. The employer failed to provide a competent person at the site who knows shoring requirements and will ensure that shoring is installed.       Location: 1753 Park Ave, New York, N.Y.     On or about 3/2/2012     NOTE:  BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE INSPECTION CASE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATIOJN OR DOCUMENTATION OF ABATEMENT FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 18, 2012

Abate by

Aug 1, 2012

Penalty

Initial $4,200 · Current $2,100 Reduced

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 paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet in depth and examination of the ground by a competent person provides no indication of a potential cave in:    a)  Employer did not ensure that excavation shoring was provided to prevent cave-in hazard. Employees were instructed to dig down along the building foundation to find a water leak.  Employees dug to 9.5 ft without use of shoring when an excavation cave-in occurred, trapping the employee who was then rescued by co-workers and NYFD.     Location: 1753 Park Ave, New York, N.Y.     On or about 3/2/2012     NOTE:  BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCMENTED IN THE INSPECTION CASE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION OR DOCUMENTATION OF ABATEMENT FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 18, 2012

Abate by

Aug 1, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1):  When employees use or may be exposed to hazardous chemicals, products, or materials the employer did not develop, implement, and maintain at the workplace a written OSHA Hazard Communication Program:    a)  A written OSHA Hazard Communication Program was not provided and made accessible to employees.   Employer was doing foundation waterproofing, having employees go into excavations to apply Bituthane waterproofing coating from 5 gallon containers (approx 25 gallons were on site).  Employees may be exposed to chemical exposure; respiratory distress when applying the product in excavations up to 10 ft deep where there is limited ventilation.     Abatement note:   The written Hazard Communication program describes how criteria specified in 29 CFR 1910.1200 (f),(g), and (h), will be met, including:  (e) Employers written HazCom Program.  (f) Container labels and other forms of warning.  (g) Material Safety Data Sheets (MSDS).  (h) Employee information and Training.     Location: 1753 Park Ave, New York, N.Y.     On or about 3/2/2012     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 18, 2012

Abate by

Aug 1, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1):  The employer did not have a material safety data sheet (MSDS sheets) for each hazardous chemical, product, or material that employees may be exposed to, as required by the OSHA Hazard Communication Standard:     a)       Material Safety Data Sheets (MSDS) were not obtained by the employer and provided and made accessible to employees.  MSDS sheets are available from the product distributor.    Employer was doing foundation waterproofing, having employees go into excavations to apply Bituthane waterproofing sealant from 5 gallon containers (approx 25 gallons were on site).  Employees may be exposed to chemical exposure; respiratory distress when applying the product in excavations up to 10 ft deep where there is limited ventilation.    Location: 1753 Park Ave, New York, N.Y.     On or about 3/2/2012     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 18, 2012

Abate by

Aug 1, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):  The employer did not provide employees with effective information and training, as required by the OSHA Hazard Communication Standard, about any health and safety hazards for chemicals, products, or materials employees use or may be exposed to:      a)  Training required by the Hazard Communication standard was not provided   to employees.  Employer was doing foundation waterproofing, having employees go into excavations to apply Bituthane waterproofing sealant from 5 gallon containers (approx 25 gallons were on site).  Employees may be exposed to chemical exposure; respiratory distress when applying the product in excavations up to 10 ft deep where there is limited ventilation.       Abatement note:  Hazard Communication training (1200(h) includes:  (1)  Identifies the hazardous chemicals, materials, or products present in the work area, and how to identify/ detect them.   (2) The physical and health hazards of chemicals, materials, products in the work area, use of Labels, use of Material Safety Data Sheets (MSDS).  (3) The measures employees can take to protect themselves from these hazards such as; Personal protective equipment (PPE), work practices, emergency procedures.   (4) Explanation of the details of the Hazard Communication Program and how to access this information.     Location: 1753 Park Ave, New York, N.Y.     On or about 3/2/2012     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM IN ACCORDANCE WITH 29 CFR 1903.19.