OSHA Inspection: FLINN CONSTRUCTION

Issued

Oct 26, 2012

Abate by

Dec 19, 2012

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1926.20(b)(1):     The employer did not initiate and maintain accident prevention programs as necessary to comply with this part:  (a)  On or about June 21, 2012, at the worksite, a safety and health program had not been initiated and maintained which addressed the following basic elements:  1.  Management Commitment and Leadership       A.  Policy statement: goals established, issued, and communicated to employees.       B.  Program Reviewed Annually.       C.  Participation in safety meetings, inspections; agenda item in meetings.       D.  Adequate commitment of resources.       E.  Safety rules and procedures incorporated into site operations.       F.  Management observations of safety rules.    2.  Assignment of Responsibility          A.  Safety designee on site, knowledgeable, and accountable.      B.  Supervisors' (including foremen) safety and health responsibilities understood.      C.  Employees adherence to safety rules.    3.  Identification and Control of Hazards       A.  Periodic site inspection program involving supervisors.       B.  Preventive controls in place (PPE, Maintenance, Engineering Controls).        		                  C.  Action taken to address hazards.       D.  Safety Committee, where appropriate.       E.  Technical reference materials available.    4.  Training and Education        A.  Supervisors receive basic safety and health training.        B.  Specialized training taken when needed.        C.  Existence of an employee training program, which is ongoing and effective.    5.  Recordkeeping and Hazard Analysis         A.  Records maintained of employee illnesses/injuries, and posted.         B.  Supervisors perform incident investigations, determine causes and propose corrective action.         C.  Injuries, near misses, and illnesses are evaluated for trends, similar causes; corrective action initiated.     6.  First Aid and Medical Assistance         A.  First aid supplies and medical services available.         B.  Employees informed of medical results.         C.  Emergency procedures and training, where necessary.      Abatement Certification Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 9, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.95(a):     Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, was not provided, used, and maintained in a sanitary and reliable condition wherever it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact:    (a)  Roof of Apartment Complex:  Employees were conducting roofing activities such as, removing and placing shingles while wearing tennis shoes in lieu of substantial work boots, as observed on June 21, 2012.    Abatement Certification Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 2, 2012

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1926.102(a)(1):     Eye and face protective equipment were not used when machines or operations presented potential eye or face injury from physical, chemical, or radiation agents.    (a)  Roof of Apartment Complex:  Employees were not wearing eye protection while operating Pasload pneumatic nail guns to install shingles and hammers to put down roof felt, as observed on June 21, 2012.    Abatement Certification Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 9, 2012

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.501(b)(13):     Employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph (b):    (a)   Roof of Apartment Complex:  Employees were exposed to a fall hazard of 18 feet 6 inches while installing shingles on a roof with a slope of 4:12, as observed on June 21, 2012.      Note:  If using these systems was infeasible or created a greater hazard, the employer should develop and implement a fall protection plan meeting the requirements of paragraph (k) of 1926.502.    Abatement Documentation Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 9, 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:    (a)   Roof of Apartment Complex:  Employees were exposed to a fall hazard of 18 feet 6 inches while installing shingles on a roof with a slope of 4:12.  The employer did not provide the employees training on the recognition and avoidance of fall hazards, as determined on June 21, 2012.    Abatement Documentation Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 2, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1):     Where portable ladders were 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 being accessed:      (a)   South Side of Apartment Building:  Employees were using a 28 foot aluminum extension ladder to access the roof surface.  The extension ladder was not extended 3 feet above the landing surface, as observed on June 21, 2012.    (b)  West Side of Apartment Building, On Deck:   An employee was using an 8 foot step ladder to access the roof surface from the deck area.  The ladder did not extend 3 feet above the landing surface, as observed on June 21, 2012.      Abatement Certification Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 9, 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)   South Side of Apartment Building:  Employees were using an aluminum extension ladder to access the roof surface that did not extended 3 feet above the landing surface.  Employees had not been trained to recognize hazards related to ladders, as determined on June 21, 2012.    (b)  West Side of Apartment Building, On Deck:   An employee was using an 8 foot step ladder to access the roof surface from the deck area surface that did not extended 3 feet above the landing surface.  Employees had not been trained to recognize hazards related to ladders, as determined on June 21, 2012.    Abatement Certification Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 19, 2012

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):     The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met: (Construction Reference: 1926.59)    (a) Roofing Operation, Apartment Complex:  Employees used gasoline, which is flammable, to fuel the DeWalt air compressor used for the pneumatic nail guns. The employer has not developed or implemented a written hazard communication program, as determined on June 21, 2012.    ABATEMENT NOTE:  A written program shall include a description of how the criteria for the following will be met:  1.        Labeling and other forms of warnings;  2.        Safety Data Sheets;  3.        Employee information and training.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and the availability of safety data sheets must also be addressed.  The written program must be made available upon request.    Abatement Certification Required for this Item.

Issued

Oct 26, 2012

Abate by

Nov 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):     The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s) (Construction Reference 29 CFR 1926.59):      (a) Roofing Operation, Apartment Complex:  Employees used gasoline, which is flammable, to fuel the DeWalt air compressor used for the pneumatic nail guns. The employer did not maintain copies of the required safety data sheets for each chemical, as determined on June 21, 2012.    Abatement Note:  Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.    Abatement Certification Required for this Item

Issued

Oct 26, 2012

Abate by

Nov 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3):     The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv): (Construction Reference: 1926.59)    (a) Roofing Operation, Apartment Complex:  Employees used gasoline, which is flammable, to fuel the DeWalt air compressor used for the pneumatic nail guns. The employer has not provided training to employees on the hazards associated with the chemicals, determined on June 21, 2012.    Abatement Certification Required for this Item.