OSHA Inspection: PHILLIP MARION JR.

Issued

2016-09-26 00:00:00

Abate by

2016-11-14 00:00:00

Penalty

Initial $1604.00 · Current $962.00 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):   The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  (Construction Reference: 1926.59):    a) Marion Construction: On or about August 10, 2016 and times prior employees use Quikrete concrete mix, which contains crystalline silica and Portland Cement, and Carlisle CCW-702 quick-dry contact adhesive, which contains Toluene and Acetone.  The employer has not developed or implemented a written hazard communication program.     ABATEMENT NOTE:  A written program shall include a description of how the criteria for the following will be met:   1.        Labeling and other forms of warnings;   2.        Safety Data Sheets;   3.        Employee information and training.        Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and the availability of safety data sheets must also be addressed.  The written program must be made available upon request.

Issued

2016-09-26 00:00:00

Abate by

2016-11-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s): (Construction Reference: 1926.59):    a) Marion Construction:  On or about August 10, 2016 and times prior employees use Quikrete concrete mix, which contains crystalline silica and Portland Cement, and Carlisle CCW-702 quick-dry contact adhesive, which contains Toluene and Acetone.  The employer did not maintain copies of the required safety data sheets for each product.

Issued

2016-09-26 00:00:00

Abate by

2016-11-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: (Construction Reference: 1926.59):  a) Marion Construction:  On or about August 10, 2016 and times prior employees use Quikrete concrete mix, which contains crystalline silica and Portland Cement, and Carlisle CCW-702 quick-dry contact adhesive, which contains Toluene and Acetone.  The employer has not provided employees with information and training on the hazards of the chemicals.

Issued

2016-09-26 00:00:00

Abate by

2016-09-30 00:00:00

Penalty

Initial $3207.00 · Current $1924.00 Reduced

General-duty citation text

29 CFR 1926.28(a): The employer did not require the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions:    (a)  919 Newton Rd:   On or about August 10, 2016 and times prior, operators of two Kubota, Super Series excavators, did not utilize the seat belt that was provided.

Issued

2016-09-26 00:00:00

Abate by

2016-09-30 00:00:00

Penalty

Initial $3207.00 · Current $1924.00 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) 919 Newton Rd:  On or about August 10, 2016 and times prior, employees are exposed to overhead hazards from falling objects such as tools and materials while working in a trench without hard hats.

Issued

2016-09-26 00:00:00

Abate by

2016-11-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.20(b)(1): The employer did not initiate and maintain an safety and health program as may be necessary to comply with the General safety and health provisions covered in 29 CFR 1926.20.  (a) Marion Construction:  On or about August 10, 2016 and times prior, a safety and health program had not been initiated and maintained which addressed the following basic elements.  1.  Management Commitment and Leadership A.  Policy statement: goals established, issued, and communicated to employees. B.  Program Reviewed Annually. C.  Participation in safety meetings, inspections; agenda item in meetings. D.  Adequate commitment of resources. E.  Safety rules and procedures incorporated into site operations. F.  Management observations of safety rules.    2.  Assignment of Responsibility     A.  Safety designee on site, knowledgeable, and accountable. B.  Supervisors' (including foremen) safety and health responsibilities understood. C.  Employees adherence to safety rules.    3.  Identification and Control of Hazards A.  Periodic site inspection program involving supervisors. B.  Preventive controls in place (PPE, Maintenance, and Engineering Controls). C.  Action taken to address hazards. D.  Safety Committee, where appropriate. E.  Technical reference materials available.    4.  Training and Education A.  Supervisors receive basic safety and health training. B.  Specialized training taken when needed. C.  Existence of an employee training program, which is ongoing and effective.    5.  Recordkeeping and Hazard Analysis A.  Records maintained of employee illnesses/injuries, and posted. B.  Supervisors perform incident investigations, determine causes, and propose corrective action. C.  Injuries, near misses, and illnesses are evaluated for trends, similar causes; corrective action initiated.    6.  First Aid and Medical Assistance A.  First aid supplies and medical services available. B.  Employees informed of medical results. C.  Emergency procedures and training, where necessary.

Issued

2016-09-26 00:00:00

Penalty

Initial $1817.00 · Current $1090.00 Reduced

General-duty citation text

29 CFR 1926.501(b)(1): Each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.    a) Front Porch: On or about August 10, 2016 and times prior, employees were exposed to a fall of 8-10 feet, porch edge to ground, while cutting wood pieces to pass down to employees working in a trench.  Employees were not protected from falling by a guardrail system, safety net or another suitable fall protection system.     b) Basement Staircase: On or about August 10, 2016 and times prior, employees were exposed to a fall of 7'7", ground to the bottom of basement steps, while working around trench.   Employees were not protected from falling by a guardrail system, safety net or another suitable fall protection system.

Issued

2016-09-26 00:00:00

Abate by

2016-10-06 00:00:00

Penalty

Initial $3741.00 · Current $2245.00 Reduced

General-duty citation text

29CFR 1926.652(c): Design of support systems shield systems being used were not designed and constructed in accordance with the requirements of paragraph (c)(1); or, in the alternative, paragraph (c)(2); or, in the alternative, paragraph (c)(3); or, in the alternative, paragraph (c)(4):    a)Front:  On or about August 10, 2016, employees were not protected from cave-ins while working in a trench measuring up to 10ft deep.  Timber shoring being used was lacking in design and construction in that cross bracing, wales, and uprights did not meet the requirements of this section.    b)  Back:     On or about August 10, 2016, employees were not protected from cave-ins while working in a trench measuring up to 7ft 11in deep.  Timber shoring being used was lacking in design and construction in that cross bracing, wales, and uprights did not meet the requirements of this section.

Issued

2016-09-26 00:00:00

Abate by

2016-10-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.652(g)(1)(iii): Employees shall be protected from the hazard of cave-ins when entering or exiting the areas protected by shields.  a) Back of Home: On or about August 10, 2016 and times prior, employees were not protected from cave-ins while entering a trench to replace a drainage pipe.

Issued

2016-09-26 00:00:00

Abate by

2016-10-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.651(k)(1): An inspection of the excavations, the adjacent areas, and protective systems was not conducted by the competent person prior to the start of work and as needed throughout the shift:  a) 919 Newton Rd: On or about August 10, 2016 and times prior, employee's were exposed to cave-in hazards from an inadequately constructed protective system.  The employer did not ensure a competent person conducted a daily inspection of the trench and protective system.

Issued

2016-09-26 00:00:00

Abate by

2016-10-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible. (Construction Reference 1926.103):  a) On or about August 10, 2016 and times prior, employees were not provided with the information in Appendix D to 29 CFR 1910.134 when voluntarily using dust mask and half faced respirators.