OSHA Inspection: LH MUSSER & SONS, INC.

Issued

Oct 5, 2012

Abate by

Oct 12, 2012

Penalty

Initial $4,900 · Current $3,675 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to workers, in that employees worked outdoors in direct sunlight for a total of approximately 4 hours, including a one-hour period between approximately 1:20 and 2:20 p.m., in temperatures as high as approximately 98 degrees F and a heat index of approximately 102 degrees F, performing paving work on paving machines that exposed the workers to increased heat:                              4300 16th Street, NW - On or about 6/20/2012, employees were working at an outdoor jobsite, preparing and repaving an existing asphalt church parking lot. The employees worked in direct sunlight during the hours of 7:30 a.m. - 9:30 a.m., 10:30 a.m. -11:15 a.m., and 1:20 p.m. - 2:20 p.m.  Employees were exposed to excessive heat of approximately 98 degrees F with a heat index of 102 degrees F during the afternoon.  The National Weather Service had issued a heat advisory for the day of the incident for the Washington, DC and Baltimore areas.  Additionally, the temperatures to which the employees were exposed were significantly increased for the employees working on or around the propane heat-activated paving machine that was used to install the hot asphalt.  One employee who operated the paving machine collapsed in the afternoon at approximately 3:15 p.m., arrived at the hospital with a core body temperature of 108 degrees F., and eventually died as a result of hyperthermia.  A second employee who had been working at the job site all day experienced dizziness and cramps.

Issued

Oct 5, 2012

Abate by

Oct 12, 2012

Penalty

Initial $2,000 · Current $1,500 Reduced

General-duty citation text

29 CFR 1904.39(a): Within eight (8) hours after the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident, the employer did not orally report the fatality/multiple hospitalization by telephone or in person to the Area Office of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor:    a) Notification of this fatality consisted of the Area Director receiving an email containing information about the heat related fatality from the District of Columbia Medical Examiner's (ME) Office. Notification was not received by the Baltimore Washington Area Office from LH Musser & Sons, Inc.