OSHA Inspection: DENNIS KENNEY

Issued

2016-07-22 00:00:00

Penalty

Initial $1600.00 · Current $880.00 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:         a) On or about 07/05/16, in a trench/excavation construction site dug in the road, North of Building at 197 Virginia Street, Buffalo, NY:  An employee engaged in construction work entered a trench that was 5 ft. 10 in. deep without a hardhat. The employee was bending over in the trench using a shovel to clear the area around a water main at the bottom of the trench. There were loose stones and soil in the trench banks.       NO ABATEMENT CERTIFICATION REQUIRED

Issued

2016-07-22 00:00:00

Penalty

Initial $2000.00 · Current $1100.00 Reduced

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, hazardous atmospheres, or other hazardous conditions:      a) On or about 07/05/16, in a trench/excavation construction site dug in the road, North of Building at 197 Virginia Street, Buffalo, NY:  An employee engaged in construction work entered a trench that was 5 ft. 10 in. deep with vertical sides and no cave-in protection. Inspections were not made by a competent person prior to an employee entering the trench at the completed depth and as needed throughout the shift for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.      NO ABATEMENT CERTIFICATION REQUIRED

Issued

2016-07-22 00:00:00

Abate by

2016-08-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:   a) On or about 07/05/16, in a trench/excavation construction site dug in the road, North of Building at 197 Virginia Street, Buffalo, NY:  An employee engaged in construction work entered a trench that was 5 ft. 10 in. deep without any cave-in protective system. The employee was not trained to recognize potential hazards on this type of jobsite, including but not limited to cave-in hazards, proper access to excavations, spoil pile hazards, the need for personal protective equipment such as but not limited to hard hats, traffic control/work zone safety, and the applicable OSHA regulations to control or eliminate these hazards.    ABATEMENT CERTIFICATION REQUIRED

Issued

2016-07-22 00:00:00

Penalty

Initial $2000.00 · Current $1100.00 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): 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):         a) On or about 07/05/16, in a trench/excavation dug in the road, North of Building at 197 Virginia Street, Buffalo, NY:  An employee entered a trench that was 5 ft.  10 in. deep (excluding 4 in. of asphalt and 10 in. of concrete at top of banks) x 3 ft. wide x 10 ft. long to shovel out and uncover an area near a water line at the bottom of the trench. The east and west banks of the trench were vertical.  No protective system was provided to protect the employee from a cave-in hazard.        NO ABATEMENT CERTIFICATION REQUIRED