OSHA Inspection: ROB & SONS CONSTRUCTION AND EXCAVATION LLC

Issued

Oct 17, 2013

Penalty

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

General-duty citation text

29 CFR 1910.266(d)(1)(iv): The employer did not provide, at no cost to the employee, and/or assure that each employee who operated a chain saw wore ballistic nylon leg protection or other leg protection which the employer had demonstrated provides equivalent protection:     a. 60 Feet South of Utility Pole 069 on Rt.20 on Hodam Mountain: The employee operating the Jonsered chain saw during the felling of 2 locust trees was not wearing leg protection as determined on 5-14-13.     b. Cutlip Mountain Between Bendertown Road and Carpenter's Mail Box 636 on Rt.20:  An employee was not wearing leg protection while operating a Husqvarana chain saw to cut up a log laying on the ground upon the bank as observed on 5-13-13.     c. Webster County Debris Removal Project at Various Areas on Rt. 20:  Employees operating chain saws cutting up trees already laying on the ground to felling trees were not wearing leg protection as determined on 5-15-13.

Issued

Oct 17, 2013

Penalty

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

General-duty citation text

29 CFR 1910.266(d)(1)(vi): The employer did not provide, at no cost to the employee, and/or assure that each employee who worked in an area where there was potential for head injury from falling or flying objects wore head protection meeting the requirements of subpart I of Part 1910:       a. 60 feet South of Utility Pole 069 on Rt. 20 at Hodam Mountain: The employee using a chain saw to fell two slender locust trees was not wearing a hard hat and employees working nearby the operation were not wearing hard hats as determined on 5-14-13.

Issued

Oct 17, 2013

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.266(d)(1)(vii): The employer did not provide, at no cost to the employee, and/or assure that each employee who worked in an area there was a potential for injury due to falling or flying objects wore eye and/or face protection meeting the requirements of subpart I of Part 1910:     a. 60 feet South of Utility pole 069 on Rt. 20 at Hodam Mountain: The employee operating the Jonsered chain saw to fell 2 locust trees was not wearing safety glasses as determined on 5-14-13.     b. Cutlip Mountain between Bendertown Road & Carpenter's Mail Box 629 on Rt. 20: An employee operating the Husqvarna 450 chain saw to cut up a log lying on the ground was not wearing eye protection or face protection as observed on 5-13-13.     c. Webster County Storm Debris Removal Project on Rt. 20: Employees that operated chain saws at various areas through out the project whether felling trees, cutting fallen trees and brush were not wearing safety glasses or face protection as determined on 5-15-26.

Issued

Oct 17, 2013

Abate by

Oct 23, 2013

Penalty

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

General-duty citation text

29 CFR 1910.266(h)(1)(vi): Each danger tree, including lodged trees and snags, were not felled or removed using mechanical or other techniques that minimize employee exposure before work is commenced in the area of the danger tree.       a. 60 Feet South of Utility Pole 069 on Rt. 20 Hodam Mountain: The first locust tree that was felled but remained tangled in the second locust tree was not removed mechanically or by other techniques that minimized employee exposure before the second tree was felled as determined on 5-14-13.       ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

Oct 17, 2013

Abate by

Oct 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(h)(1)(iv): Employee(s) approached a feller closer than two tree lengths of trees being felled without the feller acknowledging that it was safe to do so:   a. 60 Feet South of Utility Pole 069 on Rt. 20 on Hodam Mountain: Employees did not maintain two tree length away from the locust trees that were being felled as determined on 5-14-13.    ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Issued

Oct 17, 2013

Abate by

Oct 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(i)(3)(iii): Training content did not consist of the recognition of safety and health hazards associated with the employee's specific work tasks, including the use of measures and work practices to prevent or control those hazards:   a. 60 Feet South of Utility Pole 069 on Rt. 20 at Hodam Mountain: Employees were not trained in the work practice of maintaining at least 2 tree lengths back from any tree being felled such as evidence by employees being within 1 tree length of the 2 locust trees located approximately 15 feet above the shoulder of the road on a vertical bank which were being felled as determined on 8-12-13.       b. 60 Feet South of Utility Pole 069 on Rt. 20 at Hodam Mountain: Employees were not trained in the work practice of using alternative measures such as mechanical equipment or other techniques to minimize employee exposure to remove lodged or danger trees such as but not limited to the the locust tree that remained upright after being cut due to it being entangled by the second locust tree as determined on 10-4-13.      ABATEMENT DOCUMENTATION IS REQUIRED FOR THIS ITEM

Issued

Oct 17, 2013

Penalty

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

General-duty citation text

29 CFR 1910.266(e)(2)(vi): A chain saw was not started on the ground or where otherwise firmly supported:     a. Past Mt. Zion Road on Rt.20 Adjacent to the North Bound Lane: The employee drop started the Husqvarna T435 chain saw in order to cut up some branches laying on the ground as observed on 5-15-13.     b. 60 feet South of Utility Pole 069 on Rt. 20 at Hodam Mountain: The employee drop started the Jonsered chain saw in order to fell two locust trees as determined on 5-14-13.     c. Webster County Emergency Debris Removal Project on Rt. 20 Various Locations: The employees that operated the chain saws to cut up fallen trees, brush and debris laying on the ground started their chain saws by drop starting them as determined on 5-15-13.

Issued

Oct 17, 2013

Abate by

Oct 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(i)(3)(ii): The employer did not provide training to each current and new employee on the safe use, operation and maintenance of tools, machines the employees uses or operates.  a. Rt. 20 Webster County Storm Debris Removal at Various Areas: The employees operating the different chain saws were allowed to drop start the saws and were not trained in the proper manner to start a chain saw by setting it on the ground or where otherwise firmly supported as determined on 5-15-13.  ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

Oct 17, 2013

Abate by

Oct 23, 2013

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.266(i)(7)(i): The employer did not assure that each employee, including supervisors, had received first-aid and CPR training meeting at least the requirements specified in Appendix B:      a. Webster County Storm Debris Removal:  There were employees performing various tasks on site such as but not limited to felling trees and the employer did not have all employees trained in first aid as determined on 5-15-13.      ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

Oct 17, 2013

Penalty

Initial $2,000 · Current $1,000 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. Webster County Emergency Debris Removal Project on Rt. 20: On or about 5-13-13, the employer failed to report to OSHA a work related fatality.

Issued

Oct 17, 2013

Abate by

Oct 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:   a. Webster County Emergency Debris Project on Rt. 20 Below Bendertown Road: The employer had not developed or implemented a written hazard communication program for his employees who were exposed to hazardous materials such as gasoline found in their mixed gas used to run the chain saws as determined on 5-13-13.   ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

Oct 17, 2013

Abate by

Oct 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift:  a.Webster County Emergency Debris Removal on Rt.20 Below Bendertown Road: The employer did not maintain material safety data sheet on site for gasoline used in refueling the chain saws as determined on 5-13-13.