OSHA Inspection: EMBARQUE BELLA VISTA, INC.

Issued

Jun 29, 2015

Abate by

Aug 14, 2015

Penalty

Initial $7,000 · Current $6,000 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 hazard of falling:    a) Employees were exposed to the hazard of falling from a pallet they stood on while a forklift elevated them up to 10 feet 3 inches; On or about 03-25-2015.       Among other methods, a feasible and reasonable abatement method to correct this hazard is to comply with requirements outlined in the "American National Standard for Low Lift and High Lift Trucks" (ANSI B56.1-2012) which provide that:    4.17.2: Whenever a truck is used to elevate personnel, the following precautions for the protection of personnel shall be taken:    (a) Comply with the design requirements in paragraph. 7.37 of this Standard.      7.37.1 Platforms used for elevating personnel shall have (d) fall restraint means such as a guard rail and/or a personal fall protection system, whenever the platform can be elevated to a height greater than 1200mm.      7.37.3 Work platforms (does not include operator platforms) shall comply with paragraph. 7.37.1 and shall have (c)  means to securely attach the platform to the carriage or forks, and to prevent the lifting carriage or forks from pivoting upward.

Issued

Jun 29, 2015

Abate by

Jul 10, 2015

Penalty

Initial $2,800 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.22(d)(1): On every building or other structure, or part thereof, used for mercantile, business, industrial or storage purposes, the loads approved by the building official were not marked on plates of approved design and securely affixed in a conspicuous place in each space to which they relate.    Storage area    a) Elevated storage area consisting of wood shelves on top of several (cracked) support beams had no marking indicating approved loads; on or about 03-25-2015.    b) Elevated storage area on top of bathroom had no marking indicating approved loads; on or about 03-25-2015.

Issued

Jun 29, 2015

Abate by

Aug 14, 2015

Penalty

Initial $7,000 · Current $6,000 Reduced

General-duty citation text

29 CFR 1910.23(c)(1): Open-sided floors and/or platforms four feet or more above adjacent floor or ground level were not guarded with standard railings (or equivalent) and toeboards:Note:  Toeboards are only required when persons can pass, there is moving equipment or there is equipment with which falling materials could create a hazard.    Overhead storage area    a) The employer failed to ensure that employees walking and working on a storage surface more than ten (10) feet high were protected from falling by standard railings system; on or about 03-25-2015.

Issued

Jun 29, 2015

Abate by

Jul 10, 2015

Penalty

Initial $2,800 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):      Storage area    a) Employees operate a Clark forklift (Model CGC20, Type LP, SN C365L-0256-9475EB) to move goods and materials throughout the workplace.   The employer did not ensure that they receive proper training as required by the standard; on or about 03-25-2015.

Issued

Jun 29, 2015

Abate by

Jul 10, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(4)(iii): An evaluation of each powered industrial truck operator's performance was not conducted at least once every three years.  Storage area  a) Employees operate a Clark forklift (Model CGC20, Type LP, SN C365L-0256-9475EB) to move goods and materials throughout the workplace.   The employer did not ensure that their performance was evaluated at least once every three years as required by the standard; on or about 03-25-2015.

Issued

Jun 29, 2015

Abate by

Jul 10, 2015

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

29 CFR 1904.39(a): The employer did not report a fatality as a result of a work-related incident to OSHA within eight (8) hours.     527 Hunts Point Ave., Bronx NY    a) The employer failed to report to OSHA within eight (8) hours the death of one of its workers; on or about 03-25-2015.