OSHA Inspection: ELLIOTT CONSTRUCTION, LLC

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $7,000 · Current $4,900 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury:    On or about May 29, 2013, and at times prior thereto, some employees were not trained in writing to recognize and avoid the hazards of cave-ins and/or being struck by structural members of the shield system.  Employees were not trained in the regulations applicable to working in deep excavations and use of cave-in protective systems.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.251(a)(1): Defective rigging equipment was not removed from service:    On or about July 3, 2013, the employer did not remove from service a sling hook with a makeshift repair at the latch connection.  The sling was used to remove panels from a slide rail system, exposing employees to the hazards of being struck by structural members of the shield system.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees:    On or about May 29, 2013, and at times prior thereto, employees were provided with only one ladder for access and egress an excavation with a slide rail system that measured 20' x 20' x 24'.  The ladder was located at the southeast corner post of the system during the removal of its panels, exposing employees to the hazards of cave-ins.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.651(e): Employee was not prohibited to be underneath loads handled by lifting or digging equipment:    On or about May 29, 2013, and at times prior thereto, two employees working in an excavation were exposed to the hazards of being struck by falling structural members of the shield system that were suspended from cables connected to an excavator bucket while said members of the shield system were lifted in the air and were being lifted out of the excavation by the track hoe.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $0 · Current $4,900

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or 1926.652(c):    On or about May 29, 2013, and at times prior thereto, employees were installing a water lift station inside an excavation that was approximately 40 feet deep.  The employer did not consult with a registered professional engineer for the design of the protective system(s).  The employer used an unapproved benching/sloping combination and used an unapproved slide rail shield system, exposing employees to the hazards of cave-ins.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $7,000 · Current $4,900 Reduced

General-duty citation text

29 CFR 1926.652(d)(2): Manufactured materials and equipment used for protective systems were not used and maintained in a manner that was consistent with the recommendations of the manufacturer:    Employees were exposed to the hazards of cave-in in the following instances:    a)  On or about May 29, 2013, and at times prior thereto, the employer did not ensure that the steel panels were connected by pins that were integral components of the structural system required for the safe removal process.    b) On or about May 29, 2013, and at times prior thereto, panels from the slide rail system were not removed in accordance with manufacturer's recommendations in that the top two 4' tall panels were removed first from the south, west, and north side instead of progressing from the bottom and backfilling during the removal process.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.652(g)(1)(ii): Shields were not installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads:    On or about May 29, 2013, and at times prior thereto, the slide rail shield system was not installed in a manner to prevent lateral movement in that panels were not backfilled, exposing employees to the hazards of cave-ins.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $7,000 · Current $4,900 Reduced

General-duty citation text

29 CFR 1926.652(g)(1)(iv): Employees were allowed in shield when shields were being installed, removed, or moved vertically:    On or about May 29, 2013, and at times prior thereto, two employees remained inside a deep excavation while members of the shield system were lifted in the air and were being lifted out of the excavation by the track hoe, exposing employees to the hazards of cave-ins and/or and being struck by members of the shield system.

Issued

Nov 27, 2013

Abate by

Dec 17, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.652(g)(2): Excavations of earth material to a level not greater than 2 feet (.61m) below the bottom of a shield was permitted:    On or about May 29, 2013, and at times prior thereto, while members of the shield system were lifted in the air and were being lifted out of the excavation by the track hoe, employees worked inside a deep excavation where the slide rail shield system did not have the base panel on the east side installed within two feet of the bottom of the excavation, exposing employees to the hazards of cave-ins.