OSHA Inspection: GEHRING CONSTRUCTION AND READY MIX CONCRETE, INC.

Issued

Jun 12, 2015

Abate by

Jul 9, 2015

Penalty

Initial $5,390 · Current $5,390

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The employer did not furnish a place of employment which was free from recognized hazards that caused or are likely to cause death or serious harm to employees in that employees are exposed to struck-by hazards created by towing a stranded cement truck with a T-150-R2-40 Tow Rope attached to a chain and chain sections, which do not have the rated load capacity for the intended purpose.      On April 11, 2015, an employee sustained a fatal struck-by injury from improperly using a tow rope and a chain to free a stranded cement truck. On the day of the incident, and at times prior, employees were instructed by their employer to tow stranded cement trucks using a tow rope, T-150-2R-40 a.k.a. "Big Blue". The tow rope is attached to short sections of 1/2 inch diameter chain to tow 36 ton cement trucks which have become stranded.  The tow rope specifically states on the labeling: "NEVER ATTACH THIS ROPE TO A CHAIN". The labeling also states the rope should never be used with components which have a rated load of less than the capacity of the tow rope, 150,000 pounds. At the time of the fatality, a link on the chain broke and the employee was struck and killed by the tow rope D-ring.      Among other methods, feasible and acceptable methods of abatement are:    1.     Select attachment devices which are rated greater than or equal to that of the tow rope and which are capable of towing the anticipated load.    2.     Always follow the manufacturer's instructions for use with any tow or lifting device.    3.     Outsource any towing operations to a contractor with the knowledge, equipment, and expertise to safely remove any stranded vehicle.  4.      Follow the guidelines provided by The National Association of Chain Manufacturers "Welded Steel Chain Specifications".

Issued

Jun 12, 2015

Abate by

Jul 9, 2015

Penalty

Initial $5,390 · Current $5,390

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  Worksite located at 3304 North Shore Drive, Schuyler, NE and throughout the company:  The employer is failing to provide training to employees in the recognition and avoidance of struck-by hazards and other hazards created during the towing of vehicles, such as mixer trucks.  The employees involved in the towing operations had not been adequately trained in the proper connecting techniques and/or methods required to control or eliminate the hazards created by towing vehicles.    On April 11, 2015, an employee sustained a fatal struck-by injury from improperly using tow ropes and chains to free a stranded cement truck.  The employees involved in the operation had not been trained as to the limitations of the tow rope, the capacity of the utilized components, and the requirements for towing the vehicles involved.  This was not an isolated incident, in that this operation has been accomplished in the past where untrained employees attempted towing operations with improper equipment.

Issued

Jun 12, 2015

Abate by

Jul 9, 2015

Penalty

Initial $3,850 · Current $3,850

General-duty citation text

29 CFR 1904.39(a)(1): The employer did not report within 8-hours the death of an employee resulting from a work-related incident.  Worksite located at 3304 North Shore Drive, Schuyler, NE and throughout the company:  The employer or authorized representative did not notify the Occupational Safety and Health Administration (OSHA) of a fatality which occurred at approximately 10:15 hours on April 11, 2015.  On April 13, 2015, OSHA initiated an investigation into the incident and had not received notification from the company or their authorized representative.