OSHA Inspection: MIKE NERI SEWER & WATER CONTRACTOR

Issued

Apr 2, 2013

Abate by

Apr 12, 2013

Penalty

Initial $2,200 · Current $2,200

General-duty citation text

29 CFR 1926.651(h)(1): Employees were working in excavations in which there was accumulated water, or excavations in which water was accumulating, and adequate precautions had not been taken to protect employees against the hazards posed by water accumulation:     a)  On October 3, 2012, the employer did not protect employees working in a trench up to approximately 7.1 feet in depth against the hazards related to water accumulation.     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Apr 2, 2013

Abate by

Apr 8, 2013

Penalty

Initial $30,800 · Current $30,800

General-duty citation text

29 CFR 1926.651(j)(2):  Protection is 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:     The employer does not protect each employee in its excavations from the hazards of falling or rolling materials placed at the edge of the excavation by the use of retaining devices or other necessary means.       a)  This most recently occurred on October 3, 2012, at 1750 Elmhurst Rd., Des Plaines, Illinois. Employees are exposed to struck-by hazards from material falling or rolling into the trench while installing a protective sleeve on an existing water main.    To abate this hazard in the future, the employer must ensure that materials and equipment are kept at least 2 feet from the edge of an excavation or that retaining devices are in place.     This employer has been cited for this practice that included: Mike Neri Sewer & Water Contractor, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(j)(2) which was contained in OSHA violation number 312730864, citation 1, item 4, issued on November 20, 2009, and became final order on or about December 3, 2009, with respect to a workplace located at 39 Mill St., Montgomery, IL 60538, and OSHA violation number 315157982, citation 3, item 1, issued on July 7, 2011, and became final order on or about March 29, 2013, with respect to a workplace located at 9945 W. 55th St., Countryside, IL 60525.     Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from excavation cave-ins.

Issued

Apr 2, 2013

Abate by

Apr 8, 2013

Penalty

Initial $30,800 · Current $30,800

General-duty citation text

29 CFR 1926.652(a)(1):  Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or 1926.652(c):     The employer does not protect each employee in its excavations by properly sloping the excavation or by using appropriate protective systems designed in accordance with paragraphs (b) or (c) of 29 CFR 1926.652.       a)  This most recently occurred on October 3, 2012, at 1750 Elmhurst Rd., Des Plaines, Illinois. Employees are exposed to cave-in hazards while installing a protective sleeve on an existing water main in a trench without cave-in protection that is up to approximately 7.1 feet in depth.       To abate this hazard in the future, the employer must ensure that its excavations are properly sloped, or that protective systems designed in accordance with this standard are used, and that no employees enter the excavations until protection is provided.     This employer has been cited for this practice that included: Mike Neri Sewer & Water Contractor, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1) which was contained in OSHA violation number 312730864, citation 1, item 6, issued on November 20, 2009, and became final order on or about December 3, 2009, with respect to a workplace located at 39 Mill St., Montgomery, IL 60538, and OSHA violation number 315157982, citation 2, item 1, issued on July 7, 2011, and became final order on or about March 29, 2013, with respect to a workplace located at 9945 W. 55th St., Countryside, IL 60525.      Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from excavation cave-ins.

Issued

Apr 2, 2013

Abate by

Apr 8, 2013

Penalty

Initial $30,800 · Current $30,800

General-duty citation text

29 CFR 1926.652(a)(1):  Each employee in an excavation is not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or 1926.652(c):     The employer does not protect each employee in its excavations by properly sloping the excavation or by using appropriate protective systems designed in accordance with paragraphs (b) or (c) of 29 CFR 1926.652.       a)  This most recently occurred on October 11, 2012, at 1750 Elmhurst Rd., Des Plaines, Illinois. Employees are exposed to cave-in hazards while installing a protective sleeve on an existing water main in a trench without cave-in protection that is up to approximately 6.8 feet in depth.       To abate this hazard in the future, the employer must ensure that its excavations are properly sloped, or that protective systems designed in accordance with this standard are used, and that no employees enter the excavations until protection is provided.     This employer has been cited for this practice that included: Mike Neri Sewer & Water Contractor, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1) which was contained in OSHA violation number 312730864, citation 1, item 6, issued on November 20, 2009, and became final order on or about December 3, 2009, with respect to a workplace located at 39 Mill St., Montgomery, IL 60538, and OSHA violation number 315157982, citation 2, item 1, issued on July 7, 2011, and became final order on or about March 29, 2013, with respect to a workplace located at 9945 W. 55th St., Countryside, IL 60525.      Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from excavation cave-ins.

Issued

Apr 2, 2013

Abate by

Apr 19, 2013

Penalty

Initial $6,160 · Current $6,160

General-duty citation text

29 CFR 1926.20(b)(1):  The employer does not initiate or maintain an accident prevention program(s) as may be necessary to comply with this part:     The employer does not initiate and maintain a safety and health program, which would address those hazards associated with the employees' work environment and the company's procedures to eliminate those hazards.      a)  This most recently occurred on October 3, 2012, and October 11, 2012, at 1750 Elmhurst Rd., Des Plaines, Illinois, where the employer continues to work in trenches without having initiated a safety and health program.   The employer does not instruct employees as to how to prevent accidents when working in trenches and exposed to cave-in hazards.  Employees are exposed to cave-in hazards while installing a protective sleeve on an existing water main in a trench without cave-in protection and other hazards related to the employers work.    To abate this violation, the employer must develop, implement and maintain an effective safety and health program.     This employer has been cited for this practice that include: Mike Neri Sewer & Water Contractor, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.20(b)(1) which was contained in OSHA violation number 312730864, citation 1, item 1, issued on November 20, 2009, and became final order on or about December 3, 2009, with respect to a workplace located at 39 Mill St., Montgomery, IL 60538.     Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from excavation cave-ins.

Issued

Apr 2, 2013

Abate by

May 3, 2013

Penalty

Initial $6,160 · Current $6,160

General-duty citation text

29 CFR 1926.21(b)(2): The employer does not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his/her work environment to control or eliminate any hazard(s) or other exposure to illness or injury:     The employer does not instruct each employee in the recognition and avoidance of unsafe conditions and the applicable regulations or how to control or eliminate any hazards associated with the work being performed.      a)  This most recently occurred on October 3, 2012, and October 11, 2012, at 1750 Elmhurst Rd., Des Plaines, Illinois, where employees have not been instructed by the employer as to how to recognize or avoid unsafe conditions when working in a trench.  Employees are exposed to cave-in hazards while installing a protective sleeve on an existing water main in a trench without cave-in protection and other hazards related to the employers work.    To abate this hazard in the future, the employer must develop, implement and maintain an effective safety and health training program for employees.     This employer has been cited for this practice that include: Mike Neri Sewer & Water Contractor, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.21(b)(2) which was contained in OSHA violation number 312730864, citation 1, item 2, issued on November 20, 2009, and became final order on or about December 3, 2009, with respect to a workplace located at 39 Mill St., Montgomery, IL 60538     Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from excavation cave-ins.

Issued

Apr 2, 2013

Penalty

Initial $3,520 · Current $3,520

General-duty citation text

29 CFR 1926.100(a):  Employees working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns, shall be protected by protective helmets:     The employer does not protect each employee in its excavation by requiring the employee to wear protective helmets when working in a trench where there is a possible danger of head injury from impact.    a)  This most recently occurred on October 3, 2012, at 1750 Elmhurst Road, Des Plaines, Illinois.  Employees are exposed to struck-by hazards from falling objects and are working in the trench without hard hats.       This employer has been cited for this practice that include: Mike Neri Sewer & Water Contractor, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.100(a) which was contained in OSHA violation number 312730864, citation 1, item 3, issued on November 20, 2009, and became final order on or about December 3, 2009, with respect to a workplace located at 39 Mill St., Montgomery, IL 60538.     No abatement certification or documentation is required for this item.