OSHA Inspection: VIP CONSTRUCTION SERVICES, INC.

Issued

May 2, 2014

Abate by

May 8, 2014

Penalty

Initial $5,390 · Current $5,390

General-duty citation text

29 CFR 1926.502(d)(21): Personal fall arrest systems were not inspected prior to each use for wear, damage, and other deterioration, and/or defective components were not removed from service:    (a) Worksite, east side of building - At times, an employee utilized a personal fall arrest harness equipped with a 67" shock absorbing lanyard while operating and working from the JLG aerial lift, Model 450 AJ / Serial # 077220 0300038522. The harness and lanyard were defective and not removed from service when the manufacturer's markings were illegible on, or about November 22, 2013.     (b) Worksite - At times, an employee utilized a personal fall arrest harness equipped with a 67" shock absorbing lanyard while operating and working from the Genie aerial lift, Model S-40 / Serial # S-40-5445. The harness and lanyard were defective and not removed from service when they were covered with excessive amounts of stucco; and the manufacturer's markings were illegible on, or about November 22, 2013.     (c) Worksite - At times, an employee utilized a personal fall arrest harness equipped with a 6' shock absorbing lanyard while operating and working from the Genie aerial lift, Model S-65 / Serial # 5007. The harness and lanyard were defective and not removed from service when the manufacturer's markings were illegible on, or about November 22, 2013.       Note: In addition to abatement certification, the employer is required to submit abatement documentation for this violation in accordance with 29 CFR 1903.19.

Issued

May 2, 2014

Abate by

May 8, 2014

Penalty

Initial $26,950 · Current $0 Reduced

General-duty citation text

29 CFR 1926.453(b)(2)(v): A body belt was not worn and/or a lanyard was not attached to the boom or basket when working from an aerial lift:    (a) Worksite, east side of the building - Employees applying the stucco Exterior Insulation and Finish System (EIFS) along the east side of the commercial building, operated and worked from the JLG aerial lift, Model 450 AJ / Serial # 077220 0300038522, at a height of approximately 13' above the ground below. One employee worked without any form of fall protection and a second employee worked with a personal fall arrest system, but was not connected to the designated anchor point within the aerial lift's man basket on, or about November 22, 2013.     (b) Worksite, east side of the building - Employees applying the stucco Exterior Insulation and Finish System (EIFS) along east side of the commercial building, operated and worked from the Genie aerial lift, Model S-65 / Serial # 5007, at a height of approximately 10' above the ground below, without any form of fall protection on, or about November 22, 2013.    (c) Worksite, north, east and west sides of the building - An employee relocated the Genie aerial lift, Model S-40 / Serial # S-40-5445, from the east to west side of the building and operated the aerial lift at a height of approximately 7' above the ground below, without any form of fall protection on, or about November 22, 2013.        Note: In addition to abatement certification, the employer is required to submit abatement documentation for this violation in accordance with 29 CFR 1903.19.    Note:  As of January 1, 1998, subpart M of this part (1926.502(d)) provides that body belts are not acceptable as part of a personal fall arrest system.  The use of a body belt in a tethering system or in a restraint system is acceptable and is regulated under 29 CFR 1926.502(e).    VIP Construction Services, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.453(b)(2)(v), which was contained in OSHA inspection number 313735896, citation number 1, item number 4, and was affirmed as a final order on February 16, 2010, with respect to a workplace located at 2 Don Connor Boulevard, Jackson, NJ.      VIP Construction Services, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.453(b)(2)(v), which was contained in OSHA inspection number 311916597, citation number 2, item number 5, and was affirmed as a final order on February 25, 2009 with respect to a workplace located at 1133 Inman Avenue, Edison, NJ.

Issued

May 2, 2014

Abate by

May 21, 2014

Penalty

Initial $2,310 · Current $2,310

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace: (Construction Reference: 1926.59)  (a) Worksite - The employer was not maintaining a copy of the material safety data sheet (MSDS) for each hazardous chemical at the worksite. Employees worked with chemicals such as, but not limited to Stolit Lotusan 1.0 / Product # 80190 (containing Calcium Carbonate; and two types of Crystalline Silica in the form of Quartz and Cristobalite) during the application of the stucco Exterior Insulation and Finish System (EIFS); and were not provided with the material safety data sheet on, or about November 22, 2013.   Note: The employer is required to submit abatement certification for this violation in accordance with 29 CFR 1903.19.

Issued

May 2, 2014

Abate by

May 21, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(2)(i): At a multi-employer workplace, the employer's hazard communication program did not include methods the employer used to provide other employers with on-site access to a material safety data sheet for each hazardous chemical the other employer(s)' employees may be exposed to while working: (Construction Reference: 1926.59)     (a) Worksite - The employer stored and applied hazardous chemicals such as, but not limited to Stolit Lotusan 1.0 / Product # 80190 (containing Calcium Carbonate; and two types of Crystalline Silica in the form of Quartz and Cristobalite) at the multi-employer worksite; and the other contractor(s) were not provided with a means of accessing the material safety data sheet(s) (MSDS) for the hazardous chemical(s) at the worksite on, or about November 22, 2013.    Note: The employer is required to submit abatement certification for this violation in accordance with 29 CFR 1903.19.

Issued

May 2, 2014

Abate by

May 29, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: (Construction Reference: 1926.59)    (a) Worksite - The employer did not require hazardous chemical training for each employee that is exposed to such chemicals on its worksites. Employees worked with Stolit Lotusan 1.0 / Product # 80190 (containing Calcium Carbonate; and two types of Crystalline Silica in the form of Quartz and Cristobalite) during the application of the stucco Exterior Insulation and Finish System (EIFS), and were not provided with hazardous chemical training on, or about November 22, 2013.      Note: The employer is required to submit abatement certification for this violation in accordance with 29 CFR 1903.19.