OSHA Inspection: MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC.

Issued

Mar 15, 2017

Penalty

Initial $3,802 · Current $3,042 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.    a. Located at the Flow Diversion Structure (FDS): On or about November 22, 2016 and throughout two days prior, employees were using a Louisville fiberglass extension ladder to access the chamber structure/concrete pit which did not extend three feet above the upper landing, thereby exposing employees to a fall hazard.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $6,338 · Current $5,070 Reduced

General-duty citation text

29 CFR 1926.1204: Permit-Required Confined Space Program. Each entry employer must:    29 CFR 1926.1204(b): (b) Identify and evaluate the hazards of permit spaces before employees enter them;     a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. The employer's permit required confined space program did not address physical hazards within covered spaces, such as, but not limited to, slip, trip, and fall hazards.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1207(a): The employer must provide training to each employee whose work is regulated by this standard, at no cost to the employee, and ensure that the employee possesses the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this standard. This training must result in an understanding of the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards, and for those employees not authorized to perform entry rescues, in the dangers of attempting such rescue     a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. Employees performing work at the permit required confined space were not adequately trained to identify, evaluate, and provide protection from physical hazards within the space, such hazards included, but not limited to, slip, trip, and fall hazards.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $6,338 · Current $5,070 Reduced

General-duty citation text

29 CFR 1926.1206: Entry Permit: The entry permit that documents compliance with this section and authorizes entry to a permit space must identify:    29 CFR 1926.1206(h): The hazards of the permit space to be entered;    a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. The space was a permit required confined space and the employer did not ensure that the permit identified the physical hazards within the space prior to authorizing entry into the space. Physical hazards included, but not limited to, slip and trip hazards created by an inverted floor, a slip hazard created by a wet and humid surface condition, and trip and fall hazards created by wooden planks placed across the inverted floor.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1206: Entry Permit: The entry permit that documents compliance with this section and authorizes entry to a permit space must identify:    29 CFR 1926.1206(l): The rescue and emergency services that can be summoned and the means (such as the equipment to use and the numbers to call) for summoning those services;    a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. The space was a permit required confined space and the employer did not ensure that the permit identified the emergency service to be contacted in the event of an emergency and any rescue equipment needed to assist emergency services prior to authorizing entry into the space.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1206: Entry Permit: The entry permit that documents compliance with this section and authorizes entry to a permit confined space must identify:    29 CFR 1926.1206(n): (n) Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this standard;    a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. The space was a permit required confined space and the employer did not ensure that the permit identified the rescue equipment required to perform non entry rescue prior to authorizing entry into the space.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $8,873 · Current $7,098 Reduced

General-duty citation text

29 CFR 1926.1211(c): (c) Non-entry rescue is required unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. The employer must designate an entry rescue service whenever non-entry rescue is not selected. Whenever non-entry rescue is selected, the entry employer must ensure that retrieval systems or methods are used whenever an authorized entrant enters a permit space, and must confirm, prior to entry, that emergency assistance would be available in the event that non-entry rescue fails. Retrieval systems must meet the following requirements:    a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. The space was a permit required confined space which had multiple physical hazards, such as but not limited to, slip and trip hazards created by an inverted floor, a slip hazard created by a wet and humid surface condition, and trip and fall hazards created by wooden planks placed across the inverted floor. The employer did not require employees to use a retrieval system while working within the space.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1211(c)(1): (1) Each authorized entrant must use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, above the entrant's head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets or anklets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets or anklets is the safest and most effective alternative.    a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. The space was a permit required confined space. Retrieval lines were not in place and the employer did not require employees to be attached to a retrieval line while working within the space.

Issued

Mar 15, 2017

Abate by

Mar 27, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1211(c)(2): (2) The other end of the retrieval line must be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device must be available to retrieve personnel from vertical type permit spaces more than 5 feet (1.52 meters) deep.    a. Located at the Flow Diversion Structure (FDS): On or about November 17, 2016, employees were troweling an epoxy coating to the internal walls of a chamber structure/concrete pit. The space was a permit required confined space and the employer did not ensure that a mechanical device was set up to perform non-entry retrieval from the space prior to authorizing employees to enter the space.