OSHA Inspection: MOMENTUM CONSTRUCTION CORP.

Issued

Jul 31, 2013

Penalty

Initial $1,020 · Current $900 Reduced

General-duty citation text

29 CFR 1926.20(b)(3): Machinery, tool(s), material(s), or equipment which was not in compliance with the applicable requirement(s) of 29 CFR 1926 was not prohibited, and/or was not either identified as unsafe by tagging, or locking the controls to render them inoperable, or physically removed from its place of operation:        a) On or about 7/11/13, on the ground floor in building under construction at 5959 Big Tree Rd., Orchard Park, NY: The employer owned a Ryobi 10" Table Saw, model BTS12S, which employees used previously to cut strips of foam insulation. The plug on the cord of the saw lacked a grounding prong. The employer did not perform an inspection of the saw to ensure that it was in safe operating condition. The saw was in the area next to an energized extension cord, and employees could have plugged it in and used it. The saw was not identified as unsafe by tagging, or locking the controls to render it inoperable.        NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 31, 2013

Abate by

Aug 31, 2013

Penalty

Initial $1,200 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): 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:      ABATEMENT NOTE:  A written program shall include description of how the criteria for the following will be met:    1.  Labeling and other forms of warning;  2.  Material Safety Data Sheets;  3.  Employee information and training    Additionally, a list of hazardous chemicals known to be preset 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 of the availability of material safety data sheets, must also be addressed.  The written program must be made available upon request.        a) On or about 7/11/13, on medical office building construction site at 5959 Big Tree Rd., Orchard Park, NY:  Employees work with chemicals such as but not limited to Dryvit Genesis DM Dry Mix Adhesive & Base Coat. The employer had not developed and implemented a written hazard communication program.        ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 31, 2013

Abate by

Aug 31, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): 29 CFR 1919.1200(h)(1):  Employees were not provided information and training as specified in 29 CFR 1910.1200(h)(2) and (3) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:        a) On or about 7/11/13, on medical office building construction site at 5959 Big Tree Rd., Orchard Park, NY:  Employees work with chemicals such as but not limited to Dryvit Genesis DM Dry Mix Adhesive & Base Coat. Training was not provided.        ABATEMENT CERTIFICATION REQUIRED