OSHA Inspection: CLAU-CHIN CONSTRUCTION, INC.

Issued

Jun 6, 2016

Abate by

Jul 22, 2016

Penalty

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

General-duty citation text

29 CFR 1910.1200(e)(1):      This standard is applicable to construction employment as defined by 29 CFR 1926.59.      Employer had not developed or implemented a written hazard communication program which at least describes how the criteria in 29 CFR 1910.1200(f), (g) and (h) will be met:  (a) at the establishment - A written program should include descriptions of how the criteria for the following: 1 Labeling and other forms of warning; 2 Material safety data sheets; 3 Employee information and training will be met for the chemicals in the facility.  Additionally, a list of hazardous chemicals known to be present in the facility:     The employer is failing to ensure that the company has a written hazard communications (HAZCOM) program which contains all of the elements required by this subpart.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  The company has none of the required Safety Data Sheets (SDS) for the materials and chemicals used in the facility nor do they have the required written program required by this sub part.  Employees are exposed to chemicals including but not limited to diesel fuel, paints and pipe fitting glues.

Issued

Jun 6, 2016

Abate by

Jul 22, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):    This standard is applicable to construction employment as defined by 29 CFR 1926.59.    Employers shall provide employees with effective information and training on hazardous chemicals in their in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area:  The employer is failing to provide Hazard Communication training to employees either during their initial assignment or whenever a new physical or health hazard that the employee has not previously been trained for has been introduced into their work area.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  Employees are exposed to chemicals including but not limited to diesel fuel, paints and pipe fitting glues.

Issued

Jun 6, 2016

Abate by

Jul 22, 2016

Penalty

Initial $7,000 · Current $2,800 Reduced

General-duty citation text

29 CFR 1926.21(b)(2):The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury:     The employer has not conducted workplace training with employees regarding hazard recognition and the avoidance of unsafe conditions such as excavation collapse hazards.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE. By accomplishing this training employees would be able to identify the cave-in hazards that existed on site and taken the proper measures to protect themselves.  The employees are exposed to trench collapses in trenches greater than 5 feet in depth.

Issued

Jun 6, 2016

Abate by

Aug 26, 2016

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

29 CFR 1926.651(k)(1):  Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems:     The employer is failing to conduct adequate inspections of the trench, adjacent areas and protective systems for evidence of situations that could result in possible cave-in, indications of protective systems, hazardous atmospheres or other hazardous conditions.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  A trench collapsed on this site causing an employee to sustain fatal injuries.  The employer had not conducted at least one visual and one manual test of the soil prior to the start of work.

Issued

Jun 6, 2016

Abate by

Jun 16, 2016

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

29 CFR 1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary:   The employer is failing to protect employees from cave-in hazards in the workplace as a result of not maintaining the spoil pile at least two feet from the excavation edge.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  The spoil pile from the trench on this site was placed directly at the edge of the trench and not at the required two foot distance from the edge to prevent a possible cave-in.  Due to the location of the trench, vibration from the nearby road way and equipment could easily trigger movement of the spoil pile into the trench below.

Issued

Jun 6, 2016

Abate by

Jun 16, 2016

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

29 CFR 1926.652(a)(1):  Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or (c) of this section:                                                                                                                                                                                                                                              The The employer is failing to provide a protective system for its employees that were in a trench exposing them to the hazards of an excavation collapse.  This most recently occurred on March 21, 2016 on the job site located at 2812 Toluca Ave., Alliance, NE.  The excavation was not appropriately sloped or benched nor was there a protective system in place.  Employees were working in an excavation approximately 8 feet in depth without any form of protective system.  This excavation collapsed causing fatal injuries to an employee and non-life threatening injuries to a second employee.