OSHA Inspection: BATTERMANN & ASSOCIATES LLC

Issued

Oct 14, 2014

Abate by

Oct 28, 2014

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 the hazards of struck by and crushed by hazards associated with handling and moving of stone slabs:    a.)  On or about 4/30/2014, employees were exposed to crushed-by, struck-by, injuries while manually moving stone slabs within the fall shadow of the stone.

Issued

Oct 14, 2014

Abate by

Nov 20, 2014

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.178(a)(4): Modifications and additions which affect capacity and safe operation shall not be performed by the customer or user without manufacturers prior written approval. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly:      a.)  On and before 5/8/2014, employees operated the Caterpillar T80D STR PIV to move stone stock and unload trucks using modified fork extensions.  The employer did not have written approval for the modified components, nor did he instruct them to change tags and decals to properly match the change in capacity, operation and maintenance instructions.       Abatement Certification and Documentation is required.

Issued

Oct 14, 2014

Abate by

Nov 20, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(q)(7): Industrial trucks were not examined before being placed in service:   a.)  On and before 5/8/2014, employees operated the Caterpillar T80D STR PIV to move large stone slabs on a daily basis without a daily check of its operating condition or the condition of safety equipment.  Abatement Certification is required.

Issued

Oct 14, 2014

Abate by

Nov 20, 2014

Penalty

Initial $0 · Current $0

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.)  The employer assigned shop and installation crew employees to use the Caterpillar T 80D STR PIV to unload trucks and move materials in the shop and stone yard.  The employer had not ensured that every employee designated to operate the PIV had been trained, their performance evaluated and certified to operate that equipment.   Abatement Certification is required.

Issued

Oct 14, 2014

Abate by

Nov 20, 2014

Penalty

Initial $400 · Current $200 Reduced

General-duty citation text

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:      a)  On and before 5/8/2014, the employer had not developed an written Hazard Communication Program for chemicals used by shop employees and installers.  Materials used include, but are not limited to the following:    *  Corian which can result in combustible resin dust while machining;  *  Soapstone, granite and other stone materials which can generate silica dust, aluminum oxide dust, steatite and other particulates during processing;  *  WD 40 containing LVP Aliphatic Hydrocarbons;  *  Integra adhesive, Surface Bonder Xi which contains Methyl methacrylate, Benzoyl peroxide and  Tricresyl phosphate;   *  And, Acetone.        Abatement Certification and Documentation is required.