OSHA Inspection: CANYON BUILDERS, INC.

Issued

Nov 1, 2012

Abate by

Dec 15, 2012

Penalty

Initial $2,000 · Current $1,200 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:    (a) 2199 Cheat Road, Morgantown WV: The employer had not developed a written chemical hazard communication program for employees who use hazardous chemicals including, but not limited to, Brixment Morter, which contains Portland Cement, as determined on or about 06/21/2012.    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.        Material 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 material safety data sheets, must also be addressed.  The written program must be made available upon request.     ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 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 for each hazardous chemical in use:    (a) 2199 Cheat Road, Morgantown WV: Employees use Brixment Morter, which contains Portland Cement, while conducting construction activities. The employer did not obtain a material safety data sheet for the hazardous chemical, as determined on 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Dec 15, 2012

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1926.23:     First aid services and provisions for medical care were not made available by the employer for every employee:    (a) 2199 Cheat Road, Morgantown WV: Employees were conducting commercial construction activities, more than 10 minutes away from a local ambulance service. The employer did not ensure that a person was on site with a valid certificate in first-aid training to render first aid, as determined on or about 06/21/2012.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1926.96:     Safety-toe footwear for employees did not meet the requirements and specifications in American National Standard for Men's Safety-Toe Footwear, Z41.1-1967:    (a) 2199 Cheat Road, Morgantown WV: Employees were conducting commercial construction work while wearing tennis shoes. The employer did not ensure that the employees wore safety toe footwear that meets ANSI Z41.1-1967, as determined on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1926.100(a):     Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:    (a) 2199 Cheat Road, Morgantown WV: Employees were found working on the trusses of a commercial building. Employees working underneath were not wearing hard hats, exposing them to head injuries from falling or flying objects, as determined on or about 06/21/2012.      ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.20(b)(2):     The employer did not initiate and maintain programs which provided for frequent and regular inspections of the job site, materials and equipment to be made by a competent person(s)    (a) Seventh Ave, Huntington, WV: The person designated as the competent person did not comply with the requirements of this standard in that they did not identify hazards of the job site, materials and equipment such as but not limited to, ensuring the employees utilized head protection when required, as determined on 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $2,800 · Current $1,680 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) 2199 Cheat Road, Morgantown WV: An employee was cutting lumber with a DeWalt saw, no s/n. The employee was not wearing eye and/or face protection, as determined on or about 06/21/2012.                                                        ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(2):     The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:    (a) 2199 Cheat Road, Morgantown WV: The employer did not comply with the requirements of this standard in that they did not instruct each employee to utilize eye protection when the employee used a DeWalt saw and hammer and nails, as determined on or about 06/21/2012.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $1,200 · Current $720 Reduced

General-duty citation text

29 CFR 1926.405(g)(2)(iv):     Flexible cords were not connected to devices and fittings so that strain relief is provided to prevent pull from being directly transmitted to joints or terminal screws:    (a) 2199 Cheat Road, Morgantown WV:  An employee was using a DeWalt Saw, no s/n, to cut wood for construction purposes. The outside insulating material had pulled away from the plug head of the extension cord it was plugged into, as observed on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $2,400 · Current $1,440 Reduced

General-duty citation text

29 CFR 1926.451(b)(1):     Platform(s) on all working levels of scaffolds, were not fully planked or decked between the front uprights and guardrail supports such that the space between adjacent units, and the space between the platform and the uprights is no more than 1 inch (2.5 cm) wide:     (a) 2199 Cheat Road, Morgantown WV: An employee was working on the wooden trusses using a hammer and nails on a fabricated frame scaffold. The platform the employee was working from was not fully decked, as observed on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(c)(2):     Supported scaffold poles, legs, posts, frames,  or uprights did not bear on base plates, mud sills or other adequate firm foundation:    (a) 2199 Cheat Road, Morgantown WV:  Employees utilize a fabricated frame scaffold to conduct work on the trusses. The scaffold poles were not on base plates and mud sills, as observed on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(e)(1):     When scaffold platforms were more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from other scaffold, sturcure, personnel hoist, or similar surface was not used.      (a) 2199 Cheat Road, Morgantown WV:  Employees used the structural members of the scaffold to reach the trusses. Employees were exposed to a fall of approximately 13 feet to the lowest portion of the ground, as determined on or about 06/21/2012.     ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(f)(3):     Scaffolds and scaffold components were not inspected for visible defects by a competent person before each work shift, and after any occurrence which could affect a scaffold's structural integrity:    (a) 2199 Cheat Road, Morgantown WV: Employees utilize a fabricated frame scaffold to conduct carpentry work. The scaffold was not inspected for visible defects by a competent person, as evidenced by, but not limited to, the missing guard railing and planks on the scaffold, as observed on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $0 · Current $0

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:    (a) 2199 Cheat Road, Morgantown WV:  On June 21, 2012 employees were exposed to a fall of approximately 13 feet to the lowest portion of the ground, while conducting carpentry work on the trusses of a commercial building. The employees were not protected by a personal fall arrest system.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(h)(1):     Each employee on a scaffold was not provided with additional protection from falling hand tools, debris, and other small objects through the installation of toeboards, screens, guardrail systems, or through the erection of debris nets, catch platforms, or canopy structures that contain or deflect the falling objects.  For falling objects too large, heavy or massive to be contained or deflected, the employer did not place and secure such potential falling objects away from the edge of the surface from which they could fall.    (a) 2199 Cheat Road, Morgantown WV: Employees utilize a fabricated frame scaffold to conduct carpentry work. The scaffold did not have a toeboard to protect the employees working below from falling objects as observed on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Dec 15, 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.    (a) 2199 Cheat Road, Morgantown WV: The employer did not comply with the requirements of this standard in that they did not instruct each employee to utilize fall protection when required, as determined on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Nov 2, 2012

Penalty

Initial $2,400 · Current $1,440 Reduced

General-duty citation text

29 CFR 1926.501(b)(1):     Each employee on a walking/working surface with an unprotected side or edge which was 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.    (a) 2199 Cheat Road, Morgantown WV: Employees were exposed to a fall of approximately thirteen feet to the lowest portion of the ground, while working on the trusses, as observed on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Dec 15, 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) 2199 Cheat Road, Morgantown WV: Employees were exposed to a fall of approximately thirteen feet to the lowest portion of the ground, while working on the trusses. The employer did not provide training to each employee to enable each employee to identify fall hazards and how to minimize the fall hazards, as observed on or about 06/21/2012.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 1, 2012

Abate by

Dec 15, 2012

Penalty

Initial $0 · Current $0

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 on going 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