OSHA Inspection: JOHN'S JUST A CUT BETTER TREE SERVICE

Issued

Jul 28, 2014

Abate by

Sep 12, 2014

Penalty

Initial $400 · Current $400

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:  (a)    The employer did not certify abatement for Citation 1, Item 1a.  (b)    The employer did not certify abatement for Citation 1, Item 1b.  (c)    The employer did not certify abatement for Citation 1, Item 2.  (d)    The employer did not certify abatement for Citation 1, Item 3.  (e)    The employer did not certify abatement for Citation 2, Item 1.   (f)     The employer did not certify abatement for Citation 2, Item 2.  (g)    The employer did not certify abatement for Citation 2, Item 3.  (h)    The employer did not certify abatement for Citation 2, Item 4.     ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

Sep 17, 2013

Abate by

Sep 25, 2013

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:    (a) 111 Reservoir Road, Beckley:  Using a Stihl Magnum chainsaw, with 24-26 inch bar, an employee removed limbs from a 22 1/2 inch diameter tree without the use of cut-resistant leg protection, as determined on March 19, 2013.      (b)  128 Dexter Avenue, Beckley:  Using a Husqvarna 385XP chainsaw, employees cut 12 to 15 inch diameter trees into 5 foot or less sections without the use of cut-resistant leg protection, as observed on April 23, 2013.        ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Sep 17, 2013

Abate by

Sep 25, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):   (a)  Office Area:  The employer did not correctly assess the workplace to determine the need for personal protective equipment for employees involved in chainsaw and tree trimming/felling operations, as evidenced by employees operating chainsaws without the use of leg protection or proper footwear, as determined on March 19, 2013.     ABATEMENT DOCUMENTATION IS REQUIRED FOR THIS ITEM

Issued

Sep 17, 2013

Abate by

Sep 23, 2013

Penalty

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

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees drop-start chainsaws in preparation of performing tree cutting operations:    (a) 128 Dexter Avenue, Beckley, WV:  Employees operating chainsaws such as the Husqvarna 385 XP with a 23" bar, drop-start the chainsaws prior to cutting trees and limbs, exposing employees to severe lacerations and amputations, as determined on April 23, 2013.              ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Issued

Sep 17, 2013

Abate by

Sep 23, 2013

Penalty

Initial $7,000 · Current $3,500 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees limb trees that are not stable or become unstable during tree cutting operations:      (a)  111 Reservoir Road, Beckley:  Using a Stihl Magnum chainsaw, an employee removed limbs from a 22 1/2" diameter tree that had fallen onto a residential home during a storm.  The tree log was not blocked to prevent rolling.  As limbs were removed from one side of the tree log, the tree became unstable and rolled onto the employee resulting in crushing injuries, as determined on March 19, 2013.        ABATEMENT DOCUMENTATION IS REQUIRED FOR THIS ITEM

Issued

Sep 17, 2013

Abate by

Sep 23, 2013

Penalty

Initial $7,000 · Current $3,500 Reduced

General-duty citation text

29 CFR 1904.39(a): The employer did not orally report the death of an employee or the in-patient hospitalization of three or more employees because of a work-related incident    (a)  John's Just A Cut Better Tree Service:  The employer did not report the death of an employee that occured August 16, 2012 that resulted from injuries sustained on a jobsite on July 18, 2012, as determined on March 19, 2013.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Sep 17, 2013

Abate by

Oct 11, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met:   (a)  Office Area:  The employer did not have a written hazard communication program in place to inform employees of workplace hazards when handling and working around materials such as, but not limited to, gasoline, a flammable material, and diesel fuel, a combustible material, as determined on March 19, 2013.       ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM    ABATEMENT NOTE:  A written program shall include a description of how the criteria for the following will be met:      1.        Labeling and other forms of warnings;  2.        Material Safety Data Sheets;  3.        Employee information and training.      Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and the availability of material safety data sheets, must also be addressed.  The written program must be made available upon request.

Issued

Sep 17, 2013

Abate by

Oct 11, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a safety data sheet in the workplace for each hazardous chemical which they use:    (a)  Office Area:  The employer did not have safety data sheets available for employees that worked with and around materials such as, but not limited to, gasoline, a flammable material, and diesel fuel, a combustible material, as determined on March 19, 2013.   ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Sep 17, 2013

Abate by

Oct 11, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  (a)  Office Area:  The employer had not provided information or training to employees that worked with and around materials such as, but not limited to, gasoline, a flammable material, and diesel fuel, a combustible material, as determined on March 19, 2013.    ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM