OSHA Inspection: MILLER BROTHERS CONSTRUCTION, LLC.

Issued

Nov 21, 2012

Abate by

Nov 28, 2012

Penalty

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

General-duty citation text

29 CFR 1926.501(b)(13):     Each 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 1926.501 (b):     (a) The Villages at Cheat Landing, Morgantown WV: On June, 22, 2012 employees were exposed to a fall of between 13 feet and 18 feet while conducting roofing work on both a 4 in 12 and 8 in 12 sloped roof. The employees were not protected by a personal fall arrest system.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 21, 2012

Abate by

Nov 28, 2012

Penalty

Initial $2,800 · Current $1,400 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) The Villages at Cheat Landing, Morgantown WV: On or about June 22, 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 AND DOCUMENTATION REQUIRED

Issued

Nov 21, 2012

Abate by

Nov 28, 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) The Villages at Cheat Landing, Morgantown 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 fall protection when required, as determined on 06/22/2012.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 21, 2012

Abate by

Nov 28, 2012

Penalty

Initial $2,800 · Current $1,400 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) The Villages at Cheat Landing, Morgantown WV: Employees were conducting residential 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 06/22/2012.      ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 21, 2012

Abate by

Nov 28, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1):     Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): (Construction Reference: 1926.59)    (a) Miller Brothers Construction, LLC: The employer had not developed a written chemical hazard communication program for employees who use hazardous chemicals including, but not limited to, SENCO Pneumatic Tool Oil, which contains Mineral Oil, as determined on or about 06/22/2012.    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 21, 2012

Abate by

Nov 28, 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) The Villages at Cheat Landing, Morgantown WV: Employees use SENCO Pneumatic Tool Oil, which contains Mineral Oil, on their Bostitch brand nail guns. The employees were not provided material safety data sheets for hazardous materials, as determined on 06/22/2012.    ABATEMENT CERTIFICATION REQUIRED