OSHA Inspection: LUMADUE EXCAVATING, LLC

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $3,300 · Current $1,208 Reduced

General-duty citation text

29 CFR 1926.651(d):      The employer does not have each employee who is exposed to vehicular traffic provided with and wear warning vests or other suitable garments marked with or made of reflectorized or high visibility material:       a) The employer does not ensure that each employee who is exposed to vehicular traffic provided with and wear warning vests or other suitable garments marked with or made of reflectorized or high visibility material.  This violation was most recently observed along South Lycoming Mall Road, Muncy, PA where employee were observed working adjacent to the roadway without warning vests or other high visibility garments.  To abate this violation the employer must ensure that each employee who is exposed to vehicular traffic provided with and wear warning vests or other suitable garments marked with or made of reflectorized or high visibility material.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from traffic hazards.

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $4,620 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.651(j)(2):      The employer does not protect each employee by placing or keeping such materials or equipment at least two feet from the edge of the excavation or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations or by a combination of both:      a) The employer does not ensure that each employee working in a trench is protected by keeping excavated material at least two feet from the edge of the trench.  This violation was most recently observed along South Lycoming Mall Road, Muncy, PA where employee were observed working in a 5 foot, 8 inch deep trench where spoil material was placed within two feet of the edge of the trench.  To abate this violation the employer must ensure that each employee in a trench is protected by keeping excavated material at least two feet from the edge.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from hazards.

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $46,200 · Current $36,960 Reduced

General-duty citation text

29 CFR 1926.652(a)(1):      The employer does not have each employee in an excavation protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section:    a) The employer does not ensure that each employee working in a trench excavation is protected from cave-ins by an adequate protective system.  This violation was most recently observed along South Lycoming Mall Road, Muncy, PA where employee were observed working in a 5 foot, 8 inch deep trench to check a water line for leaks and no system was in place to protect employees from a cave-in hazard.  To abate this violation the employer must ensure that each trench over 5 feet in depth is provided with an adequate protective system to protect employees from the hazard of a cave-in.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from cave-in hazards.

Issued

May 3, 2013

Abate by

May 15, 2013

Penalty

Initial $23,100 · Current $10,000 Reduced

General-duty citation text

29 CFR 1926.21(b)(2):      The employer does not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.       a) The employer does not ensure that each employee on the jobsite is instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment.  This violation was most recently observed along South Lycoming Mall Road, Muncy, PA where employee were observed working in a trench and along an active roadway without being trained in hazard recognition and avoidance of unsafe conditions.   To abate this violation the employer must ensure that each employee is instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment.    Lumadue Excavating, LLC. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.21(b)(2), which was contained in OSHA inspection number 116216441, citation number 02, item number 01, and was affirmed as a final order on 11/12/2009, with respect to a workplace located at Broad Top City Waterline System, Broad Top, PA 16621.      Abatement of the cited instances must be accomplished by May 15, 2013.  In addition, pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees.