OSHA Inspection: MASONRY SERVICES INC. D/B/A M.S.I.

Issued

May 31, 2013

Abate by

May 31, 2013

Penalty

Initial $6,160 · Current $6,160

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:  (a) 14 Brooklyn Avenue, Valley Stream, NY (Worksite), east side of building, third floor - Employees setting precast concrete floor planks were working near and directly below the suspended load without protective helmets, on or about December 1, 2012.   Note: Because abatement for this item has already been documented, the employer need not submit abatement certification or documentation for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $6,160 · Current $6,160

General-duty citation text

29 CFR 1926.251(a)(2)(iii): The employer failed to ensure that rigging without affixed, legible identification markings, required by paragraph (a)(2)(i) of this section was not used.  (a) Worksite, traveled way of Brooklyn Ave and east side of third floor - The wire rope slings used to rig and hoist precast concrete floor planks did not have permanently affixed markings indicating the safe working load, on or about December 1, 2012.  (b) Worksite, traveled way of Brooklyn Ave and east side of third floor- The two legged wire rope spreader assembly used between the crane hook and the wire rope slings on the load being hoisted did not have permanently affixed markings indicating the safe working load, on or about December 1, 2012.     Note - Instances (a) and (b): Because abatement for these items has already been documented the employer need not submit abatement certification or documentation for these items in accordance with 29 CFR 1903.19.  (c) Worksite, traveled way of Brooklyn Ave - The endless wire rope sling used to load the crane counterweights, which weighed 10 tons (20,000 pounds.), did not have permanently affixed markings indicating the safe working load, on or about December 6, 2012.    Note - Instance (c): In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $4,400 · Current $4,400

General-duty citation text

29 CFR 1926.251(c)(9): Slings were not padded or protected from the sharp edges of their loads:   (a) Worksite, traveled way of Brooklyn Ave and east side third floor - The wire rope slings used to hoist precast concrete floor planks, weighing up to approximately 11,000 pounds, were not protected from the sharp edges of the precast concrete floor planks, on or about December 1, 2012.     Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $6,160 · Current $6,160

General-duty citation text

29 CFR 1926.416(a)(3): When and where energized circuits existed, the employer failed to post and maintain proper warning signs, advise employees of the location, hazard involved and the proper protective measures to be taken:   (a) 14 Brooklyn Avenue, Valley Stream, NY (Worksite), north and east sides of building, second and third floors  Signs were not posted identifying the locations of the overhead primary and secondary power lines that were in close proximity to the building. In addition, the employer did not warn employees about the hazards or the proper protective measures to be taken when they worked in close proximity to the overhead primary and secondary power lines, at times prior to and including December 21, 2012.  Note: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $6,160 · Current $6,160

General-duty citation text

29 CFR 1926.602(c)(1)(vi): Industrial truck(s) in use did not meet the applicable requirements of design, construction, stability, inspection, testing, maintenance, and operation, as defined in American National Standards Institute B56.1-1969, Safety Standards for Powered Industrial Trucks.     (a) Worksite, traveled of Brooklyn Avenue way - The JLG Lull Telehandler forklifts, Serial #s 0160029366 and 0160013049, used to load the crane counterweights onto a flatbed truck were operated beyond the rated load capacity, on or about December 6, 2012.        Note: In addition to abatement certification, the employer is required to submit abatement documentation in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 14, 2013

Penalty

Initial $4,400 · Current $4,400

General-duty citation text

29 CFR 1926.602(d): The employer did not train powered industrial truck drivers as required by paragraph 29 CFR 1910.178(l):    (a) Worksite, traveled way of Brooklyn Avenue - The employee operating the JLG Lull Telehandler Rough Terrain Fork Lift # 10, Model # 1044C-54 Series II, Serial # 0160029366, to load crane counterweights was not a qualified fork lift operator, on or about December 1, 2012.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.   Note: The requirements applicable to construction work under paragraph (d) of this section are identical to those set forth at paragraph (l) of 29 CFR 1910.178.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $6,160 · Current $6,160

General-duty citation text

29 CFR 1926.1408(e): The employer did not assume that all power lines were energized and did not confirm with the utility owner/operator that the power line had been and continued to be de-energized and visibly grounded at the worksite.   (a) Worksite, Fourth Street overhead power lines - The employer asssumed the overhead primary and secondary power lines located on Fourth Street were de-energized where the Liebherr Mobile Crane, Model # LTM 1220-5.2 268 Ton, Serial # 070 495, was operating, on or about December 1, 2012.   (b) Worksite, Brooklyn Avenue overhead power lines - The employer did not confirm with the utility owner/operator the overhead primary power lines located on Brooklyn Avenue continued to be de-energized where the Liebherr Mobile Crane, Model # LTM 1220-5.2 268 Ton, Serial # 070 495, was operating, on or about December 1, 2012.   Note: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 14, 2013

Penalty

Initial $4,400 · Current $4,400

General-duty citation text

29 CFR 1926.1408(g)(1): The employer did not train each operator and crew member assigned to work with the equipment on all of the following; parts (g)(1)(i) thru (g)(1)(v) of this standard.   (a) Worksite, east side, third floor - Employees were setting precast concrete floor planks with the Liebherr Mobile Crane, Model # LTM 1220-5.2 268 Ton, Serial # 070 495, within 8 feet of overhead primary and secondary power lines. The primary power lines were energized with 13,200 volts (13 kV) phase to phase. The secondary power lines were energized with 120 - 240 volts phase to ground.The employees were not trained to recognize the hazards; the methods to prevent contact; or the procedures to follow in the event that contact was made with the power lines, on or about December 1, 2012.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $4,400 · Current $4,400

General-duty citation text

29 CFR 1926.1412(c)(1): Upon completion of assembly, the equipment was not inspected by a qualified person to assure that it is configured in accordance with manufacturer equipment criteria.   (a) Worksite, traveled way of Brooklyn Ave - The Liebherr Mobile Crane, Model # LTM 1220-5.2 268 Ton, Serial # 070 495, was not inspected by a qualified person after it was assembled, on or about December 1, 2012.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

May 31, 2013

Penalty

Initial $4,400 · Current $4,400

General-duty citation text

29 CFR 1926.1424(a)(2)(ii): To prevent employees from entering hazard areas, the employer did not erect and maintain control lines, warning lines, railings or similar barriers to mark the boundaries of the hazard areas and/or did not train each employee to understand what these markings signify.    (a)Worksite, traveled way of Brooklyn Ave - The swing radius boundary around the Liebherr Mobile Crane, Model # LTM 1220-5.2 268 Ton, Serial # 070 495, was not marked to prevent employees from entering the hazardous area, on or about December 1, 2012.    Note: Because abatement for this item has already been documented the employer need not submit abatement certification or documentation for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $61,600 · Current $61,600

General-duty citation text

29 CFR 1926.416(a)(1): Employees were permitted to work in proximity to electric power circuits and were not protected against electric shock by de-energizing and grounding the circuits or effectively guarding the circuits by insulation or other means:  (a) Worksite, north and east sides of building, third floor - Employees that installed the Engineered Fall Protection System along the north and east sides of the third floor worked directly below the overhead primary power line, which was approximately 3 feet above their heads. The primary power lines were energized with 7,620 volts (7.5 kV) phase to ground, on December 3, 2012.   Note: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $61,600 · Current $61,600

General-duty citation text

29 CFR 1926.1408(a)(2): The employer did not determine if any part of the equipment, load line or load (including rigging and lifting accessories), if operated up to the equipment's maximum working radius in the work zone, could get closer than 20 feet to a power line.   (a) Worksite, east side of building, third floor - Employees hoisted and set precast concrete floor planks with a Liebherr Mobile Crane, Model # LTM 1220-5.2 268 Ton, Serial # 070 495, where the rigging came within approximately 8 feet of the overhead primary and secondary power lines operating up to 13,200 volts (13 Kv) phase to phase, on or about December 1, 2012.  Note: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $5,280 · Current $5,280

General-duty citation text

29 CFR 1926.701(b): All protruding reinforcing steel, onto and/or into which employees could fall, was not guarded to eliminate the hazard of impalement:    (a) Worksite, east side of building, third floor - The rebar extending from the masonry block wall along the edge of the building was not guarded where precast concrete floor planks were being set, on or about December 1, 2012.     Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    Repeat: Masonry Service Inc. d.b.a. MSI was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 314087883, citation number 1, item number 4 and was affirmed as a final order on 4/23/10, with respect to a workplace located at 1490 Dumont Avenue, Brooklyn, NY.

Issued

May 31, 2013

Abate by

Jun 3, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.502(k)(3): A copy of the fall protection plan with all approved changes was not maintained at the jobsite.  (a) Worksite  Employees engaged in precast erection operations were utilizing a controlled access zone, which required the employer to maintain a copy of the fall protection plan at the worksite. The employer was not maintaining a copy of the fall protection plan at the worksite, on or about December 1, 2012.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.