OSHA Inspection: XL CONTRACTING, INC.

Issued

Aug 6, 2014

Penalty

Initial $2,100 · Current $1,050 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:    At the site, where a worker entered an approximately 9 feet deep excavation to cut out a broken clay pipe, was not provided or required to wear a protective helmet. The worker was exposed to a struck by hazard from the soil pile and broken debris of clay pipe that was left at the edge of the excavation.

Issued

Aug 6, 2014

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.    At the site, an employee was allowed to enter an excavation without removing the excavated soil and broken clay sewer pipe two feet away from the edge. On 05/19/2014, at the west side of the excavation,  the soil pile was  left at the edge of the excavation.

Issued

Aug 6, 2014

Abate by

Sep 2, 2014

Penalty

Initial $3,500 · Current $1,750 Reduced

General-duty citation text

29 CFR 1926.651(k): Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.     At the site, inspection of an excavation was not made by a competent person prior the beginning of the work. On 05/19/2014, an employee was allowed to enter an approximately 9 foot deep excavation without any means of protection. The employee was observed exiting the excavation after cutting a 4 inch wide clay sewer pipe.

Issued

Aug 6, 2014

Abate by

Sep 2, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1926.652(a): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c):     At the site, on or 05/19/2014, an employee was allowed to enter an unprotected excavation that was approximately 9 feet deep. The employee was observed exiting the excavation after cutting a 4 inch wide clay sewer pipe.

Issued

Aug 6, 2014

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): Portable ladders were used for access to an upper landing surface and the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface to which the ladder was used to gain access;    At the site, the portable ladder used to access an approximately 9 feet deep excavation was not extended 3 feet above the landing. On 05/19/2014, a worker was observed using the ladder to enter and exit the excavation.

Issued

Aug 6, 2014

Abate by

Sep 2, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired  At the site, on or about 05/19/2014, a portable, aluminum ladder with a damaged bottom rung, and missing footings was not removed from service. On the date above, a laborer was observed using the ladder to access an excavation that was approximately 9 feet deep.

Issued

Aug 6, 2014

Abate by

Sep 2, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1060(a): The employer did not provide a training program for each employee using ladders and stairways, as necessary, which would enable each employee to recognize hazards related to ladders and stairways and train each employee in the procedures to be followed to minimize these hazards. Note: 29 CFR 1926.21(b)(2) may be cited as an additional violation to support this requirement.   At the site, the employer did not provide training program to an employee who used a portable ladder to access an excavation. The top rails of the ladder were positioned flush with the landing of the excavation, three feet short of the required height.