OSHA Inspection: WINESBURG BUILDERS LLC

Issued

2013-02-05 00:00:00

Abate by

2013-02-12 00:00:00

Penalty

Initial $2100.00 · Current $1050.00 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i):     The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):    a. Area adjacent to the Front Side of the Building: An employee was operating the JLG / Gradall G6 42A rough terrain forklift and was not trained to operate the rough terrain forklift as determined on 9-26-12.    b. Four Story Hotel Under Construction: An employee that operated the JLG/Gradall G6 42 A rough terrain forklift during the lifting an employee in the wooden trash bin from the third level to the second level was not trained to operate the rough terrain forklift as determined on 9-26-12.    ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

2013-02-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(c)(2)(iv):     Front-end loaders and similar pieces of equipment were used to support scaffold platforms without being specifically designed by the manufacturer for such use:Note:     a. Four Story Hotel Being Constructed: The operator of the JLG / Gradall G6 42 A telehandler lifted an employee who was standing in the wooden trash bin from the third level to the second level in lieu of the employee being transported vertically in a JLG approved personnel platform as required by the manufacture as determined on 9-26-12.

Issued

2013-02-05 00:00:00

Abate by

2013-02-11 00:00:00

Penalty

Initial $2100.00 · Current $0.00 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 as Referenced by the Construction Standard 1926.59:    a. Four Story Hotel Under Construction: The employer had not implemented a written hazard communication program on this project for his employees who were exposed to hazardous materials such as but not limited to gasoline, Tite Bond Subfloor Adhesive which contained ingredients such as hexane and toluene and Paslode fuel cells which were labeled flammable as determined on 9-26-12.    ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

2013-02-05 00:00:00

Abate by

2013-02-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(f)(5)(i):     The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein: (Construction Reference: 1926.59)    a. Bed of the 2000 Ford F-250 Truck: The 100 gallon capacity fuel storage tank containing diesel fuel was not labeled to identify its contents as observed on 9-26-12.    ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

2013-02-05 00:00:00

Abate by

2013-02-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(8):     The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace: (Construction Reference: 1926.59)    a. Four Story Hotel Being Constructed: The employer did not maintain copies of the material safety data sheets for hazardous materials such as but not limited to gasoline, Tite Bond Subfloor Adhesive which contained hexane and toluene and the Paslode fuels cells which were labeled a flammable as determined on 9-26-12.    ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM.

Issued

2013-02-05 00:00:00

Abate by

2013-02-12 00:00:00

Penalty

Initial $2800.00 · Current $1400.00 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. On or about September 26, 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 ongoing 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 for this Item.

Issued

2013-02-05 00:00:00

Abate by

2013-02-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

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. Four Story Hotel Being Constructed: The person designated as the competent did not comply with the requirements of this standard in that they did not identify existing and predictable hazards on the job site or of materials and equipment such as but not limited to the 45 inch wide openings beside the ladders on the second and third levels exposing employees to falls of 12 feet and 9 feet 6 inches respectively as observed on 9-26-12.

Issued

2013-02-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.501(b)(4)(ii):     Each employee on a walking/working surface was not protected from tripping in or stepping into or through holes (including skylights) by covers:    a. Second Level Middle of Building Adjacent to the Double Queen Room: There was a hole in the wooden floor that measured approximately 4 inches wide and 10 inches long which was a tripping hazard as observed on 9-26-12.    b. Ground Level Lobby Area: There were approximately 8 floor holes in the concrete floor which measured approximately 2 feet by 2 feet by 6 inches deep around each column supporting the structural steel in which employees could trip or step into as determined on 9-26-12.

Issued

2013-02-05 00:00:00

Abate by

2013-02-11 00:00:00

Penalty

Initial $2100.00 · Current $1050.00 Reduced

General-duty citation text

29 CFR 1926.95(a):     Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, was not provided, used, and maintained in a sanitary and reliable condition wherever it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact:    a. Job Site in Front of Structure: The operator was not wearing his seat belt as he operated the JLG / Gradal G6 42A telehandler with lumber on the forks due to the latch would not work as observed on 9-26-12.      b. Job Site in Front of Structure: The operator was not wearing his seat belt as he operated the JLG / Gradal G6 42A telehandler while moving an employee from the third level down to level 2 due to the latch would not work as determined on 9-26-12.     c. Third Level / Last Room On The Left: An employee operating the Paslode pneumatic nail gun during the framing operation was wearing sun glasses and another employee who was working adjacent to the nail gun was wearing prescription glasses in lieu of safety glasses equipped with side shields as observed on 9-26-12.    ABATEMENT CERTIFICATION IS REQUIRED FOR THESE ITEMS

Issued

2013-02-05 00:00:00

Penalty

Initial $2380.00 · Current $1190.00 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. Second Level Ladder Access / Egress Area: The employees were exposed to a fall of approximately 12 feet from the second level to the concrete floor below due to the distance from the side of the ladder to the guard rail system was approximately 45 inches where there was no type fall protection used as observed 9-26-12.     b. Third Level Ladder Access / Egress Area:  The employees were exposed to a fall of approximately 9 feet 6 inches from the third level to the second level wood floor due to the distance from the side of the ladder to the guard rail system was approximately 45 inches where there was no type fall protection used as observed 9-26-12.

Issued

2013-02-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.502(b)(1):     The top edge height of the top rails, or equivalent guardrail system members, was not 42 inches (1.1 m) plus or minus 3 inches (8 cm) above the walking/working level:    a. End of Hallway Third Level: There was an area of the guard rail system which measured approximately 6 feet 3 inches where the 2 by 4 piece of lumber used as the top rail measured approximately 52 inches off the floor exposing employees to a fall estimated to be 18 feet as observed on 9-26-12.

Issued

2013-02-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.502(b)(2):     Midrails, screens, mesh, intermediate vertical members, or equivalent intermediate structural members shall be installed between the top edge of the guardrail system and the walking/working surface when there is no wall or parapet wall at least 21 inches (53 cm) high.    a. End of Hallway Third Level: There was an area of the guard rail system which measured approximately 6 feet 3 inches where the 2 by 4 piece of lumber used as the midrail measured approximately 29 inches off the floor exposing employees to a fall estimated to be 18 feet as observed on 9-26-12.

Issued

2013-02-05 00:00:00

Penalty

Initial $2100.00 · Current $1050.00 Reduced

General-duty citation text

29 CFR 1926.1053(b)(16):     Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired.    a. Job Made Ladder Leading From First Level To The Second Level: Employees were exposed to a nail that was protruding out the right side rail between the 10th and 11th rung exposing employees to a puncture wound as observed on 9-26-12.

Issued

2013-02-05 00:00:00

Abate by

2013-02-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.152(g)(9):     Conspicuous and legible signs prohibiting smoking were not posted in service and refueling areas:    a. Job Site: The fuel storage tank with a capacity of approximately 100 gallons which contained diesel fuel was not equipped with signs prohibiting smoking as observed on 9-26-12