OSHA Inspection: DEFELICE, INC

Issued

Dec 21, 2012

Abate by

Jan 18, 2013

Penalty

Initial $2,200 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.21(b)(2):  The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury.    Jobsite:  The employees, working in and around the excavation exposed to excavation and material handling hazards, were not adequately trained to recognize and avoid unsafe conditions and the applicable regulations to control or eliminate these hazards.

Issued

Dec 21, 2012

Abate by

Jan 2, 2013

Penalty

Initial $2,200 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.251(a)(3):  Rigging equipment, when not in use, was not removed from the immediate work area.    Jobsite:  The alloy steel chain sling, lying next to the excavation, was not removed from the work area when it was not being used.

Issued

Dec 21, 2012

Abate by

Jan 2, 2013

Penalty

Initial $3,080 · Current $2,500 Reduced

General-duty citation text

29 CFR 1926.251(b)(1):  Welded alloy steel chain slings did not have permanently affixed durable identification stating size, grade, rated capacity, and sling manufacturer:    Jobsite:  The 12 foot alloy steel chain sling, used by the employees to move trench boxes and precast concrete structures, did not have a permanently affixed identification tag.

Issued

Dec 21, 2012

Abate by

Jan 2, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.251(b)(5):  Alloy steel chain slings with a link(s), at any point, having wear that exceeds that shown in Table H-2 of this section, shall be removed from service.    Jobsite,  The first link of the 3/8-inch alloy steel chain sling connected to the hook, used by the employees for lifting trench boxes and precast concrete structures, was excessively worn on one side.

Issued

Dec 21, 2012

Abate by

Jan 2, 2013

Penalty

Initial $2,200 · Current $0 Reduced

General-duty citation text

29 CFR 1926.251(a)(6):  Slings fastenings and attachments were not inspected for damage or defects by a competent person prior to use each day and/or during use, where service conditions warrant, and damaged or defective slings were not immediately removed from service:    Jobsite:  The damaged and untagged 12 foot alloy steel chain sling, used by the employees to lift trench boxes and precast concrete structures, was not inspected by a competent person prior to or during use and taken out of service.

Issued

Dec 21, 2012

Abate by

Jan 2, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.251(b)(6)(ii):  Record(s) of the most recent month in which each alloy steel chain sling was thoroughly inspected were not available for examination:    Jobsite:  The inspection records for the 12 foot alloy steel chain, used to pick up and position trench boxes, were not available for examination.

Issued

Dec 21, 2012

Abate by

Dec 28, 2012

Penalty

Initial $3,080 · Current $2,500 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 were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees:    Jobsite:  The employee, holding the surveyor's leveling rod and spreading stone at the bottom of the excavation, was not provided a proper means of egress.

Issued

Dec 21, 2012

Abate by

Dec 28, 2012

Penalty

Initial $2,200 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.651(d):  Employees exposed to public vehicular traffic were not wearing warning vests or other suitable garments marked with or made of high-visibility material provided by the employer:    Jobsite:  The employee, directing the front end loader in the roadway and shooting elevations with the optical level, was not wearing a reflective vest or other high visibility garment.

Issued

Dec 21, 2012

Abate by

Jan 2, 2013

Penalty

Initial $2,200 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.651(j)(2):  Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.    Jobsite:  The employee, working at the bottom of the excavation, was not protected from the hazard of asphalt pieces and/or soil from falling into the excavation and striking him.

Issued

Dec 21, 2012

Abate by

Jan 2, 2013

Penalty

Initial $38,500 · Current $14,000 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 29 CFR 1926.652(c). The employer had not complied with the provisions of 29 CFR 1926.652(b)(1)(i) in that the excavation was sloped at an angle steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal):     Jobsite:  The employee, holding the surveyor's leveling rod and spreading stone at the bottom of the excavation, was not protected from the hazard of cave-ins.    DEFELICE, CORP. WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD 29 CFR 1926.652(a)(1) WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 313424970, CITATION NUMBER 01, ITEM NUMBER 002, ISSUED ON 7/13/2008, WITH RESPECT TO WORKPLACE LOCATED AT THE INTERSECTION OF ORCHARD AND WINTHROP STREETS, MEDFORD, MA 02151 AND A FINAL ORDER DATE OF 3/29/10.