OSHA Inspection: BILTMORE COMPANY, LLC

Issued

Dec 7, 2015

Penalty

Initial $1,200 · Current $900 Reduced

General-duty citation text

29 CFR 1926.405(d): Panelboards mounted in cabinets, cutout boxes, or enclosures designed for the purpose were not dead front:    a) Ashville Commons, Buildings 888 and 880: On October 13, 2015 and a times prior thereto the controlling employer, Biltmore Company, LLC, did not ensure its sub-contractors protected their employees while performing drywall activities near an energized electrical panel that did was not dead front or have a cover installed.

Issued

Dec 7, 2015

Abate by

Jan 4, 2016

Penalty

Initial $4,800 · Current $4,200 Reduced

General-duty citation text

29 CFR 1926.20(b)(1): The employer does not initiate and maintain such programs as may be necessary to comply with this part:     a) The controlling employer, Biltmore Company, LLC, does not have an accident prevention program to address hazards to which their employees and employees of their sub-contractors are exposed to.  Hazards include but are not limited to,   temporary handrails not installed on stairways, temporary stair rails not installed on open sided stairways, guardrails not installed on stairway landings, personal fall protection not used when needed, exposed energized electrical panels, and housekeeping.  These conditions were most recently observed at Ashville Commons, 826 North Maple Grove on October 13, 2015.      Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.20(b)(2), which was contained in OSHA inspection number 671759, citation number 2, item number 1, and was affirmed as a final order on January 7, 2013, with respect to a workplace located at 1527 West Alexandria Lane, Boise, ID 83705.    Note) Pursuant to 29 CFR 1903.19, the employer must submit certification AND documentation describing the steps being taken to ensure compliance, including a description of how these steps protect employees and the employees of its sub-contractors from common, obvious hazards.

Issued

Dec 7, 2015

Abate by

Jan 4, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.20(b)(2): The employer does not initiate and maintain a safety program which provides for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employer:  a) The controlling employer, Biltmore Company, LLC, does not perform frequent and regular safety inspections of the jobsites under their control.  They do not have a system to identify, correct, and/or minimize hazards to which their employees and their sub-contractors employees are exposed to.  Hazards include but are not limited to, temporary handrails not installed on stairways, temporary stair rails not installed on open sided stairways, guardrails not installed on stairway landings, personal fall protection not used when needed, exposed energized electrical panels, and housekeeping. These conditions were most recently observed at Ashville Commons 826 North Maple Grove, Boise, ID, on October 13, 2015.    Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 671759, citation number 2, item number 1, and was affirmed as a final order on January 7, 2013, with respect to a workplace located at 1527 West Alexandria Lane, Boise, ID 83705.   Note) Pursuant to 29 C.F.R. 1903.19, the employer must submit certification AND documentation describing the steps being taken to ensure compliance, including a description of how these steps protect employees and the employees of its sub-contractors from common, obvious hazards.

Issued

Dec 7, 2015

Abate by

Dec 11, 2015

Penalty

Initial $5,600 · Current $3,600 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels was not protected by guardrail systems, safety net system, or personal fall arrest system:    a) Ashville Commons, Building 822: On October 13, 2015 and at times prior thereto, the controlling employer Biltmore Company, LLC, did not ensure that its sub-contractor took the proper precautions to protect their employees from fall hazards.  The sub-contractors employees were exposed to an 18 foot fall hazard while performing framing activities from the exterior top plate.     Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 671759, citation number 1, item number 1, and was affirmed as a final order on January 7, 2013, with respect to a workplace located at 1527 West Alexandria Lane, Boise, ID 83705.     Note) Certification of corrective action IS required for this item.

Issued

Dec 7, 2015

Penalty

Initial $4,800 · Current $3,600 Reduced

General-duty citation text

29 CFR 1926.1052(c)(1)(i): Stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, were not equipped with at least one handrail:    a) Ashville Commons, Buildings 808, 822, 872, 880, 888, and 896: On October 13, 2015 and at times prior thereto handrail systems were not in place on each stairway, exposing sub-contractors of Biltmore Company, LLC to fall hazards while using the permanently installed stairways for access to the second floor levels.     Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.1052(c)(1), which was contained in OSHA inspection number 671759, citation number 1, item number 2b, and was affirmed as a final order on January 7, 2013, with respect to a workplace located at 1527 West Alexandria Lane, Boise, ID 83705.

Issued

Dec 7, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1052(c)(1)(ii): Stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, were not equipped with one stairrail system along each unprotected side or edge:  a) Ashville Commons, Buildings  808, 822, 872, 880, 888, and 896: On October 13, 2015 and at times prior thereto a stair rail system was not in place along each open sided stairway, exposing sub-contractors of  Biltmore Company, LLC to 9 foot fall hazards while using the open sided stairways for access to the second floor levels.     Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.1052(c)(1), which was contained in OSHA inspection number 671759, citation number 1, item number 2b, and was affirmed as a final order on January 7, 2013, with respect to a workplace located at 1527 West Alexandria Lane, Boise, ID 83705.

Issued

Dec 7, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1052(c)(12): Unprotected sides and edges of stairway landings were not provided with guardrail systems:  a) Ashville Commons, Buildings 808, 822, 872, 880, 888, and 896: On October 13, 2015 and at times prior thereto a guardrail system was not in place along each stairway landing, exposing sub-contractors of Biltmore Company, LLC to 9 foot fall hazards from the open sided stairway landings to the concrete below.   Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 671759, citation number 1, item number 2c, and was affirmed as a final order on January 7, 2013, with respect to a workplace located at 1527 West Alexandria Lane, Boise, ID 83705.