OSHA Inspection: GERSHENSON CONSTRUCTION CO., INC.

Issued

Jun 9, 2014

Abate by

Apr 1, 2015

Penalty

Initial $5,600 · Current $7,000

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  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 the hazards of being struck by the load during material handling operations:    At the Riverside & Yarnell Sanitary Relief Sewer construction project, at or near the intersection of Henderson Road and Larkin Williams Road in Fenton, MO  63026, on or about 12/13/2013, an employee was exposed to the hazard of being struck-by the partially suspended load maneuvered by the Komatsu Hydraulic Excavator, m/n PC400LC, s/n A86713.  The employee was struck-by one end of a 12-foot long section of a 42-inch in diameter sewer pipe and fell to the bottom of the 13-foot deep trench.    One method of abatement is for the employer to ensure that employees do not stand next to loads as they are being lifted or maneuvered by excavators. This is not intended to prevent employees from, among other things, approaching the bucket of the excavator in order to place or remove a sling or other piece of equipment on the bucket.    Disclaimer:  a)  The employer is not limited to the abatement method(s) suggested by OSHA.  b)  The employer is responsible for selecting and implementing an effective abatement method.

Issued

Jun 9, 2014

Abate by

Apr 1, 2015

Penalty

Initial $5,600 · Current $6,000

General-duty citation text

29 CFR 1926.20(b)(2): The employer did not initiate and maintain programs which provided for frequent and regular inspections of the job site, materials and equipment to be made by a competent person(s):     Location:  Riverside & Yarnell Sanitary Relief Sewer construction project, at or near the intersection of Henderson Road and Larkin Williams Road in Fenton, MO  63026.    Gershenson Construction Co., Inc. allows workers to be exposed to hazardous conditions created by not conducting adequate frequent or regular inspections.  The most recent occurrence was on the Riverside & Yarnell Sanitary Relief Sewer construction project where the competent person failed to make an adequate inspection of the worksite to ensure all workers were in compliance with company safety and health policies and OSHA standards.  The workers were exposed to struck-by hazards, were not wearing protective helmets while exposed to struck-by hazards, were using damaged or defective wire rope slings, and an excavator was operated within 10-feet of an energized overhead powerline during sewer system installation.

Issued

Jun 9, 2014

Abate by

Apr 1, 2015

Penalty

Initial $5,600 · Current $7,000

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:    The employer failed to adequately instruct and train employees to recognize, avoid, and prevent potential caught between or under hazards, struck-by hazards, and utility hazards associated with trenching and excavations.  The most recent example of this was on the Riverside & Yarnell Sanitary Relief Sewer Construction project, at or near the intersection of Henderson Road and Larkin Williams Road in Fenton, MO 63026, where the employer had inadequately instructed and trained employees to recognize, avoid, control or eliminate unsafe conditions and hazards relating to the following:      a)                  on December 13, 2013, a 13-foot deep trench lacked cave-in protection;  c)                 on December 17, 2013, trench shields were improperly positioned in a trench, leaving more than 2 feet of soil exposed below the bottom of the shields;   d)                 on December 13 and 17, 2013, workers were not removed from hazardous trench conditions until the trench conditions were corrected;      e)                  on December 13, 2013, a worker remained next to a load as it was being lifted and maneuvered by an excavator.   f)                  on December 13 and 17, 2013, slings that were damaged and had missing tags were used to lift and lower loads in and out of trenches;   g)                 on December 17 and 18, 2013, workers working around heavy equipment and in a trench were not wearing protective head gear.

Issued

Jun 9, 2014

Abate by

Apr 1, 2015

Penalty

Initial $4,000 · Current $7,000

General-duty citation text

29 CFR 1926.251(c)(16): Wire rope slings did not have permanently affixed, legible identification markings stating size, rated capacity for the type(s) of hitch(es) used and the angle upon which it is based, and the number of legs if more than one:     Location:  Riverside & Yarnell Sanitary Relief Sewer construction project, at or near the intersection of Henderson Road and Larkin Williams Road in Fenton, MO  63026.    a)  The four legged bridle wire rope had no permanently affixed, legible identification marking stating size, rated capacity for the type(s) of hitch(es) used and the angle upon which it is based, and the number of legs if more than one.    b)  The single wire rope choker sling had no permanently affixed, legible identification marking stating size, rated capacity for the type(s) of hitch(es) used and the angle upon which it is based.

Issued

Jun 9, 2014

Abate by

Apr 1, 2015

Penalty

Initial $5,600 · Current $7,000

General-duty citation text

29 CFR 1926.651(b)(4): While the excavation was opened, underground installations were not protected, supported or removed as necessary to safeguard employees:    Location:  Riverside & Yarnell Sanitary Relief Sewer construction project, at or near the intersection of Henderson Road and Larkin Williams Road in Fenton, MO  63026.    On or about December 13, 2013, the employer did not ensure that the natural gas line and water line in the excavation were protected or supported to prevent damage from the excavator bucket, hoisted sections of the 42-inch diameter sewer pipe, and/or falling soil.

Issued

Jun 9, 2014

Abate by

Apr 1, 2015

Penalty

Initial $5,600 · Current $7,000

General-duty citation text

29 CFR 1926.652(g)(2): Excavations of earth material to a level no greater than 2 feet (.61m) below the bottom of a shield was permitted:    Location:  Riverside & Yarnell Sanitary Relief Sewer construction project, at or near the intersection of Henderson Road and Larkin Williams Road in Fenton, MO  63026.    At the job site, more than 2 feet of earth material was below the bottom of the trench shield at the following excavations:    a)  There was approximately 4 feet of soil below the trench shield that was positioned parallel to the east side of Larkin Williams Road at the intersection of Henderson Road and Larkin Williams Road.    b)There was approximately 4 feet of soil below the trench shield positioned parallel to Henderson Road, phase 56 & 23 of the sewer pipe installation.

Issued

Jun 9, 2014

Abate by

Apr 1, 2015

Penalty

Initial $56,000 · Current $7,000 Reduced

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 paragraph (b) or (c) of this section:    Location:  Riverside & Yarnell Sanitary Relief Sewer construction project, at or near the intersection of Henderson Road and Larkin Williams Road in Fenton, MO  63026.    At the job site, the competent person authorized employees to enter an excavation without a protective system in the excavation that measured approximately 13 feet in depth, 11 feet in width, and 20 feet in length.