OSHA Inspection: FSM SERVICES INC.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1926.20(b)(2): The employer did not initiate and maintain a safety program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person.    WORKSITE: The employer did not perform frequent and regular inspections and assessments of the worksite, materials and equipment by not only initiating, but also maintaining safety programs where employees were required to hoist bundles of rebar using slings hooked onto teeth of the bucket of, and transport the bundles of rebar with an excavator to different location where the road conditions were uneven and up/down slopped surfaces.     On or about December 8th, 2015, one of employees was trying to hand-grab the above bundles of rebar (loads) by jumping up and down from underneath the elevated loads that were rigged with slings hooked onto teeth of the bucket of the Kobelco Model SK160LC hydraulic excavator. The slings came off the teeth of the bucket, causing the loads to fall, strike and pin the employee to the ground. The employee sustained fatal head injuries from the incident.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1926.20(b)(3): Machinery, tool(s), material(s), or equipment which was not in compliance with the applicable requirement(s) of 29 CFR 1926 was not prohibited, and/or was not either identified as unsafe by tagging, or locking the controls to render them inoperable, or physically removed from its place of operation.    WORKSITE:  The two (2) synthetic web slings, used by employees to lift and carry bundles of rebar using the bucket of the Kobelco Model SK160LC excavator were not in compliance with 29 CFR 1926.251, and the sling were neither tagged nor removed from the service.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.251(a)(6): Each day before being used, and during use, where service conditions warrant, the sling and all fastenings and attachments were not inspected for damage or defects by a competent person, and damaged or defective slings were not immediately removed from service:    WORKSITE: Two (2) Synthetic web slings, used by employee(s) to lift loads with the Kobelco model SK160LC hydraulic excavator were not inspected by a competent person for excessive wear and/or damage  prior to their use.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.251(e)(8)(iv): Synthetic web slings with broken or worn stitches were not immediately removed from service.    WORKSITE: Two (2) Synthetic web slings, used by employee(s) to lift loads with the Kobelco model SK160LC hydraulic excavator each had numerous areas of worn and damaged stitching and the slings were not removed from service.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $0 · Current $0

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: The employer did not provide specific training and instructions to employees in the recognition of hazards and the procedures necessary to eliminate or minimize those hazards  while performing the tasks, such as (but not limited to) rigging, lifting, unloading and transporting bundles of rebar utilizing slings that were hooked onto teeth of the bucket of an excavator.    On or about December 8th, 2015, one of employees was trying to hand-grab the above bundles of rebar (loads) by jumping up and down from underneath the elevated loads that were rigged with slings hooked onto teeth of the bucket of the Kobelco Model SK160LC hydraulic excavator. The slings came off the teeth of the bucket, causing the loads to fall, strike and pin the employee to the ground. The employee sustained fatal head injuries from the incident.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.251(e)(1)(i): Synthetic web sling(s) were not marked or coded to show the name and trademark of the manufacturer:    WORKSITE: Two (2) Synthetic web slings, used by employee(s) to lift loads with the Kobelco model SK160LC hydraulic excavator were not marked with data plate that identified the name of the manufacturer.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.251(e)(1)(ii): Synthetic web sling(s) were not marked or coded to show rated capacities for each type of hitch:    WORKSITE: Two (2) Synthetic web slings, used by employee(s) to lift loads with the Kobelco model SK160LC hydraulic excavator were not marked with data plate that identified with the rated capacities of the sling.

Issued

May 25, 2016

Abate by

Jun 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.251(e)(1)(iii): Synthetic web sling(s) were not marked or coded to show type of material:    WORKSITE: Two (2) Synthetic web slings, used by employee(s) to lift loads with the Kobelco model SK160LC hydraulic excavator were not marked with data plate that identified with the type of material the sling was made of.