OSHA Inspection: LEGACY MOTORCYCLE COMPANY, LLC

Issued

Aug 23, 2013

Abate by

Oct 15, 2013

Penalty

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

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to fall hazards:     On or about 13 June, 2013,  employees were exposed to a fall hazards of 12 feet while working from a pallet resting on the forks of a Toyota forklift because the pallet did not have a guardrail system. Additionally, the platform did not indicate the maximum work load including personnel and equipment, the weight of the empty platform, or the minimum capacity of the truck on which the platform could be used in accordance with ANSI B56.1-2009, American National Standard for Low Lift and High Lift Trucks, Section 7.37.

Issued

Aug 23, 2013

Abate by

Sep 19, 2013

Penalty

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

General-duty citation text

29 CFR 1910.23(c)(1): Open-sided floor(s) or platform(s) 4 feet or more above the adjacent floor or ground level were not guarded by standard railings (or the equivalent as specified in 29 CFR 1910.23(e)(3)(i) through (v)), on all open sides:         a)   Employees were exposed to a fall hazard of 12 feet, while accessing the storage area above the Service Managers office.  This storage are did not have any guardrails.

Issued

Aug 23, 2013

Abate by

Sep 19, 2013

Penalty

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

General-duty citation text

29 CFR 1910.178(l)(2)(ii): The employer did not ensure that each operator had successfully completed the training consisting of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace.       a)    Employees operating the Toyota powered industrial vehicle to lift motorcycle crates and lift employees to access the area above the Service Manager office had not received training and evaluations while working at the establiksment.

Issued

Aug 23, 2013

Abate by

Oct 15, 2013

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  Employer had not developed or implemented a written hazard communication program which included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):                 a)    A written Hazard Communications program regarding hazardous chemicals had not been developed to inform and train employees to protect them from chemicals hazards.  Employees working with hazardous chemicals  such as but not limited to motor brake fluid, gasoline, and penetrating oil, were exposed to the hazards associated with those products.

Issued

Aug 23, 2013

Abate by

Oct 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1):  The employer did not have a material safety data sheet for each hazardous chemical.         a)    Material safety data sheets were not kept that would provide information in case of a medical emergency or condition if an employee ingested or contacted chemicals.  Employees working with hazardous chemicals  such as but not limited to motor brake fluid, gasoline, and penetrating oil, were exposed to the hazards associated with those products.

Issued

Aug 23, 2013

Abate by

Oct 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(2)(i): The employer did not provide information to the employees on the requirements of the Hazard Communication Standard 29 CFR 1910.1200:         Employees had not been trained regarding the use of hazardous such as but not limited to  motor brake fluid, gasoline, and penetrating oil, were exposed to the hazards associated with those products. The company did not have Material Safety Data Sheets and a list of chemicals used within the facility.

Issued

Aug 23, 2013

Abate by

Oct 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv):         Employees had not been trained regarding methods to detect hazardous chemicals, the physical and health hazards of chemicals, and measures used to protect themselves from hazardous chemicals in the workplace.  Chemicals such as but not limited to motor brake fluid, gasoline, and penetrating oil, were exposed to the hazards associated with those products.  oil, and Safety Kleen solvent were in use.

Issued

Aug 23, 2013

Abate by

Oct 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.22(d)(1):  In every building or other structure, or part thereof, used for mercantile, business, industrial, or storage purposes, the loads approved by the building official shall be marked on plates of approved design which shall be supplied and securely affixed by the owner of the building, or his duly authorized agent, in a conspicuous place in each space to which they relate. Such plates shall not be removed or defaced but, if lost, removed, or defaced, shall be replaced by the owner or his agent.        a)    Employees were exposed to struck by hazards due to overloading the elevated storage area above the Service Manager's Office.   The Load Rating was not being posted for the second floor area to inform employees of the limitations of the capacity of the floor.   Various materials were stored on that level.