OSHA Inspection: G.R. BIRDWELL CONSTRUCTION, LP

Issued

Nov 13, 2012

Abate by

Nov 19, 2012

Penalty

Initial $6,300 · Current $6,300

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):   The employer does not furnish to each of his employees employment and a place of employment which are free from the recognized hazards of being caught in-between which are causing or likely to cause death or serious physical harm to employees:    This violation was observed on or about September 21, 2012, at San Jacinto Port, Channelview, Texas, where employees were exposed to a caught in-between hazard when manually operating the Dynapac Vibratory Trench Compactor while backfilling dirt in close proximity of a concrete wall without functioning safety and mechanical devices.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation describing the actions it is taking to ensure that machines are maintain and operated in accordance with manufacturer's instructions.    In The Alternative    29 CFR 1926.20(b)(3):   Machinery, tool(s), material(s), or equipment which was not in compliance with the applicable requirement(s) of 29 CFR 1926 was not prohibited, and/or was not either identified as unsafe by tagging, or locking the controls to render them inoperable, or physically removed from its place of operation.    The employer does not ensure safety and mechanical devices are functioning.  This violation was observed on or about September 21, 2012 at San Jacinto Port, where employees were exposed to a caught in-between hazard when operating a Dynapac Vibratory Trench Compactor during backfilling dirt without ensuring that the machinary was functioning properly.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation describing the actions it is taking to ensure that machines are maintain and operated in accordance with manufacturer's instructions.