OSHA Inspection: RESIDENTIAL FRENCH DRAINS & WATERPROOFING

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.21(b)(2):     The employer shall 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.    On or about March 12, 2013, at the jobsite, the employer did not ensure that workers involved in the process of excavating and installing a french drain were trained on cave-in hazards and work practices in a language and at a literacy level they understood. This condition exposed employees to crush-by hazards.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $1,200 · Current $600 Reduced

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.     On or about March 12, 2013, at the job site, the employer did not ensure that employees wore the appropriate head protection (hard hat) when in an approximate 9-1/2 feet deep excavation and exposed to overhead hazards from the shovel and tools placed atop the excavation and spoil pile within two feet of the edge of the excavation.  This condition exposed employees to struck-by hazards.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.651(j)(2):     Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, 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 if necessary.    On or about March 12, 2013, at the jobsite, the employer did not ensure that excavated material (spoil) was stored and maintained at least two feet away from the edge of the excavation. Employees were working in an excavation that was approximately nine and a half feet deep and 60 feet long. The excavation was not properly shored, sloped or otherwise protected to prevent a cave-in hazard.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.651(k)(1):     Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.    On or about March 12, 2013, at the jobsite, the employer did not ensure that employees installing a french drain in an excavation that was approximately nine and a half feet deep and 60 feet long were protected from potential excavation collapse. The excavation was not properly shored, sloped or otherwise protected to prevent a cave-in hazard.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.652(a)(1):     Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when:     On or about March 12, 2013, at the job site, the employer did not ensure that excavation was properly shored, sloped or otherwise protected to prevent a cave-in hazard. Employees are installing a French drain in an excavation that is approximately nine and a half feet deep and 60 feet long trench that is not adequately protected from cave-in hazards. The spoil pile is stored too close to the edge of the excavation, and employees are not wearing a hard hats. This condition exposed employees to crush-by hazards.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.1053(b)(4):     Ladders shall be used only for the purpose for which they were designed.    On or about March 12, 2013, in a trench, the employer did not ensure employees using a stepladder e.g. self-supporting were using it for the purpose for which it was designed. Employees inside an approximate 9-1/2 feet trench were installing a french drain and waterproofing the basement of a residential home, while using a self-supporting ladder leaned against sandy, excavated soil , as a non-self supporting ladder. This condition exposed employees to the hazard of stumbling and falling from the ladder during mounting and dismounting.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(a)(8):     A metal spreader or locking device shall be provided on each stepladder to hold the front and back sections in an open position when the ladder is being used.    On or about March 12, 2013, in a trench, the employer did not ensure employees using a stepladder e.g. self-supporting were using it in an open positioin. Employees inside an approximate 9-1/2 feet trench were installing a french drain and waterproofing the basement of a residential home, were using a stepladder  leaned against sandy, excavated soil  in the closed position without metal spreader or locking device engaged to hold the front and back sections in an open position. This condition exposed employees to the hazard of stumbling and falling from the ladder during mounting and dismounting.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(a)(2):     Ladder rungs, cleats, and steps shall be parallel, level, and uniformly spaced when the ladder is in position for use.    On or about March 12, 2013, in a trench, the employer did not ensure a stepladder e.g. self-supporting being used by employees ladder rungs were level. Employees inside an approximate 9-1/2 feet trench were using a self-supporting ladder leaned against sandy, excavated soil , as a non-self supporting ladder on uneven surface and in a closed position. This created a condition for the ladder rungs to be out-of-level, therefore exposing employees to the hazard of of stumbling and falling from the ladder during mounting and dismounting.

Issued

Apr 12, 2013

Abate by

Apr 22, 2013

Penalty

Initial $400 · Current $200 Reduced

General-duty citation text

29 CFR 1910.1200(g)(8):     The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)    On or about March 12, 2013, at the jobsite, the employer did not provide hard copies of safety data sheets for each hazardous chemical such as Quikrete [Silica Sand, crystalline - 0.05 respirable (TLV (ACGIH)], Portland Cement [ Amorphous Silica - 5 mg/M^3 PEL (OSHA)], Bituthene Adhesive Primer B2 LVC [Xylene - 100 ppm TWA PEL (OSHA), Ethylbenzene - 100 ppm TWA PEL (OSHA)] and make them readily accessible at the jobsite for immediate access without barriers such as, but not limited to, electronic access, at the main office and in the employer's work truck.