OSHA Inspection: FLAG CONTAINER SERVICES, INC.

Issued

May 8, 2015

Penalty

Initial $7,000 · Current $7,000

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 employee(s) were exposed to struck-by / caught-in-between hazard(s):   a) While a raised 6 cubic yard refuse container was being emptied into the hopper of garbage truck #22 (VIN 1M2B210C51M028501) it became dislodged from the rear loading sill of the truck, on which the trunnion bar rested, and struck an employee; causing him to be caught-in-between the container and a cinder block wall.  The truck was not equipped with latching device(s) to secure the container trunnion bar to the dumping mechanism; leaving it susceptible to being pushed off the sill by the influence of waste items and/or the motion of the packer panel.    Condition(s) existed on 11/12/2014 and at times prior thereto.   Among other means, feasible & acceptable methods to correct this hazard would be to:  1) provide container latching arms on the rear sill of each packer truck to secure the trunnion bar against container displacement, and ensuring their use;  2) not operate the packing cycle with the container off the ground and not standing or crossing under the elevated container; 3) provide container lifting hooks with a spring-loaded safety latch to prevent disengagement of the hook from the container; and 4) develop & implement a written safety program that provides for equipment inspection & maintenance, as well as information & training for workers on safe work practices for refuse collection.    These means of hazard control can be found, in whole or in part, on the manufacturer's hazard warming sticker(s) posted at the rear controls; within USEPA rule for Storage and Collection of Residential, Commercial, and Institutional Solid Waste - 40 CFR Part 243.202-1; as well as applicable sections of the current ANSI Standard Z245.1 - 2012 entitled "Mobile Wastes and Recyclable Materials Collection, Transportation, and Compaction Equipment - Safety Requirements".  The current 2012 version has provisions for employee safety training (Section 6.2.2 + 6.2.3), safety practices for rear-loader container handling (Section 7.4.8.9.4), and safeguards and features for rear-loader container lifting devices (Section 10.2.5.1).

Issued

May 8, 2015

Penalty

Initial $2,800 · Current $2,800

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 employee(s) were exposed to a crushed-by hazard:   a) The 2001 HEIL-body packer-type garbage truck (VIN 1M2B210C51M028501) did not have an audible back-up alarm; exposing helper(s) to the hazard of being backed over or crushed by the truck operating in reverse while they are outside the vehicle performing duties relating to alignment of the trunnion bar on each dumpster & hoisting thereof.    Condition(s) were noted on or about 11/13/2014.  Feasible and effective means of preventing this hazard can be found in section 9.13.2 of ANSI Standard Z245.1- 2012 entitled "Mobile Wastes and Recyclable Materials Collection, Transportation, and Compaction Equipment-Safety Requirements", as well as USEPA rule for Storage and Collection of Residential, Commercial, and Institutional Solid Waste - 40 CFR Part 243.202-1(d) and Part 243.202-2(b).  Among the means of hazard control is providing the following on all refuse collection vehicles, and ensuring their continued functionality via periodic inspection program:  1) audible back-up alarms.

Issued

May 8, 2015

Abate by

Jun 12, 2015

Penalty

Initial $1,600 · Current $1,600

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and maintain at the workplace, a written chemical hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met:  a) Employee(s) such as mechanics & welder(s) work with compressed gases for welding/cutting as well as propane fuel cylinders for powered industrial trucks; posing flammability hazards.  The employer had not developed a written compliance program providing for chemical hazard communication through retention of product safety data sheets, labeling of containers & worker information & training.  Condition(s) were noted on or about 11/13/2014.

Issued

May 8, 2015

Abate by

Jun 12, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a safety data sheet in the workplace for each hazardous chemical which they use.  a) Employees such as mechanic(s) & welder(s) work with compressed gases for welding/cutting as well as propane fuel cylinders with flammability hazards.  Safety Data Sheets were not maintained for each such chemical product used / handled by employee(s) as part of a chemical hazard communication program.  Condition(s) were noted on or about 11/13/2014.

Issued

May 8, 2015

Abate by

Jun 12, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and material safety data sheets.  a) Employee(s) such as mechanics & welder(s) work with compressed gases for welding/cutting and propane fuel cylinders with flammability hazards.  Information on the requirements of the standard and training on chemical hazard info on container labels & Safety Data Sheets (SDSs) was not provided to each employee who uses / handles such shop chemicals as part of a chemical hazard communication program.  Condition(s) Were noted on or about 11/13/2014.

Issued

May 8, 2015

Abate by

May 28, 2015

Penalty

Initial $1,000 · Current $1,000

General-duty citation text

29 CFR 1904.29(b)(3): Each recordable injury or illness was not entered on the OSHA 300 Log and/or an incident report (OSHA Form 301or equivalent) within seven (7) calendar days  of receiving information that a recordable injury or illness has occurred:  a) The employer's Annual Log of recordable injuries /illnesses for calendar year 2014 was obtained & reviewed by OSHA on or about 12/08/2014; finding no entry made in regard to a 11/12/2014 fatal injury of a helper struck by a refuse container which became dislodged from the back sill of the packer truck during trash pick-up at a customer site.  Condition(s) were noted on or about 12/08/2014.