OSHA Inspection: BRAKE LANDSCAPING & LAWNCARE, INC.

Issued

Jun 30, 2015

Abate by

Jul 7, 2015

Penalty

Initial $4,900 · Current $3,920 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  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 employee(s) in that employee(s) were exposed to the hazard of struck-by falling objects:    a) At 5033 Milburn Road in Saint Louis, MO 63129 - On or about 05/05/2015, employees were exposed to a hazard of being struck-by falling tree limbs while working around the base of a tree being felled while limbs were being dropped 35-40 feet to the ground from aloft.      Among other methods, feasible and acceptable means of hazard abatement include:    The employer could establish a safe work plan with pre-arranged employee communication methods among arborist aloft and other workers on the ground before cutting and dropping limbs to manage the struck-by hazard exposure in the drop zone, as described in Section 8 of ANSI Z133-2012 Safety Requirements for Arboricultural Operations.

Issued

Jun 30, 2015

Abate by

Jul 7, 2015

Penalty

Initial $4,900 · Current $3,430 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):    a) At 5033 Milburn Road in Saint Louis, MO 63129  Prior to commencing work on or about 05/05/2015, the employer failed to assess the worksite to determine struck-by hazards during manual tree removal where falling tree limbs necessitated employee use of head protection (hard hats).    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19

Issued

Jun 30, 2015

Abate by

Jul 27, 2015

Penalty

Initial $4,900 · Current $3,430 Reduced

General-duty citation text

29 CFR 1910.132(f)(1): The employer did not provide training to each employee who is required by this section to use personal protective equipment:    a)    At 5033 Milburn Road in Saint Louis, MO  63129  Prior to commencing work on or about 05/05/2015, the employer failed to train each employee on the use of head protection (hard hat) when exposed to the struck-by hazard of falling tree limbs during manual tree removal.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19

Issued

Jun 30, 2015

Abate by

Jul 7, 2015

Penalty

Initial $4,900 · Current $3,430 Reduced

General-duty citation text

29 CFR 1910.135(a)(1): The employer did not ensure that each affected employee wear a protective helmet when working in areas where there is a potential for injury to the head from falling objects:     a) At 5033 Milburn Road in Saint Louis, MO  63129  On or about 05/05/2015, the employer failed to ensure that each affected employee was wearing a protective helmet (hard hat) when exposed to the struck-by hazard of falling tree limbs while performing manual tree removal.     NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19

Issued

Jun 30, 2015

Abate by

Aug 17, 2015

Penalty

Initial $3,500 · Current $1,000 Reduced

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:    a)  At 5033 Milburn Road in Saint Louis, MO 63129 - On 05/05/2015, an employee who was engaged in tree trimming and removal work was fatally injured and pronounced dead at 2:45 P.M. on 05/05/2015, the employer was informed of the death at 3:00 P.M. on 05/05/2015, but did not report the death until 12:30 P.M. on 05/06/2015.