Safety Incidents OSHA Severe Injury Reports · 2015–2025
5,189,992Inspections Most recent open 2026-07-18 Last loaded 2026-07-22

OSHA Inspection: HERSHBERGER CONSTRUCTION

Complaint inspection · Safety discipline

On , OSHA opened a complaint safety inspection of HERSHBERGER CONSTRUCTION in 170 MAIN STREET, PERRY, NY 14530 (NAICS 423330). OSHA activity number 339431470.

What this inspection record means

OSHA opens inspections for many reasons — routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.

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Site address
170 MAIN STREET
City
PERRY
State
NY
ZIP
14530
Mailing
7804 BANKS ROAD, GAINESVILLE, NY 14066
Inspection type
Complaint (B)
Scope
Partial (B)
Discipline
Safety
Advance notice
No
Union status
B
Opened
Closing conference
Case closed
Last modified
Data loaded
NAICS code
423330
Employees
5
Ownership type
A

2 citations on file for this inspection.

1926.453 A02

Serious Gravity 10 1 instance 2 exposed
Issued
Oct 21, 2013
Penalty
Initial $2,800 · Current $1,250 Reduced
29 CFR 1926.453(a)(2): Field modification of the aerial lift was not certified in writing by the manufacturer or by any other equivalent entity, such as a nationally recognized testing laboratory, to be in conformity with all applicable provisions of ANSI A92.2-1969 and this section and to be at least as safe as the equipment was before modification:      (a)  On or about 10/09/13, an aerial lift (JLG type 40) in use was modified to extend the working platform, without written approval from the manufacturer.  The modification to extend the working area created a fall hazard as a result of not providing a guardrail system with a top rail measuring between 39 and 42 inches.    NO ABATEMENT CERTIFICATION REQUIRED
Recent events (2)
  • — I (S) $1250
  • — Z (S) $2800

1926.501 B13

Serious Gravity 10 1 instance 3 exposed
Issued
Oct 21, 2013
Penalty
Initial $2,800 · Current $1,250 Reduced
29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m)  or more above lower levels was not protected by guardrail systems, safety net systems, personal fall arrest systems, or an alternative fall protection measure under another provision of paragraph 1926.501 (b), nor did the employer demonstrate that it is infeasible or creates a greater hazard to use these systems and develop and implement a fall protection plan which meets the requirements of paragraph (k) of section 1926.502:      (a)  On or about 10/09/13, at 170 Main Street, in Perry, New York, workers were not priovided with fall protection devices or equipment while installing metal roof panels on a residential unit and were exposed to falls of up to 30 feet.    The employer did not demonstrate that the use of conventional fall protection methods are infeasible or creates a greater hazard nor did the employer provide or implement a fall protection plan.    NO ABATEMENT CERTIFICATION REQUIRED
Recent events (2)
  • — I (S) $1250
  • — Z (S) $2800

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This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 339431470.

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