OSHA Inspection: SWITALA BERNER CONSTRUCTION, LLC

Issued

Mar 14, 2017

Penalty

Initial $2,173 · Current $1,330 Reduced

General-duty citation text

29 CFR 1926.404(a)(2): A grounded conductor was attached to a terminal or lead so as to reverse designated polarity:      a) On or about 2/14/17 on construction site of a New  4- story  Medical Office  Bldg. at 564 Niagara St., Buffalo, NY:  Employees engaged in installing an EPDM white on black rubber roofing system on a flat rectangular section of the roof in the middle of the building used  hand-held electrical equipment such as a Ridgid Model  R5011 ½ in. drillmotor with a paddle attachment  to mix adhesive, and a Leister hand-held heat welder used in fastening sections of the EPDM rubber roofing system together.   A series of two extension cords supplied 120 volt-ac power to those tools.  The first cord in the series was plugged into a temporary power receptacle in the basement.  That temporary power receptacle was properly wired.  The designated polarity of the hot and neutral  conductors in the first cord of the series were reversed.  The female end of that first cord had been previously replaced, and also had visible damage to the neutral slot.         NO ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 14, 2017

Penalty

Initial $2,716 · Current $1,670 Reduced

General-duty citation text

29 CFR 1926.501(b)(10): Each employee engaged in roofing activities on low-slope roofs with unprotected sides and edges 6 feet or more above lower levels, was not protected from falling by guardrail systems, safety net systems, personal fall arrest systems, or a combination of warning line system and guardrail system, warning line system and safety net system, or warning line system and personal fall arrest system, or warning line system and safety monitoring system.  Or, on roofs 50-feet (15.25 m) or less in width, each employee was not protected by use of a monitoring system:      a) On or about 2/14/17 on construction site of a New  4- story  Medical Office  Bldg. at 564 Niagara St., Buffalo, NY: Employees were engaged in installing an EPDM white on black rubber roofing system on a flat rectangular section of the roof in the middle of the building. This section of the roof was enclosed by high walls on 3 sides. The employer chose to protect workers from falls of approx. 30 ft. from the unprotected north end of this roof by the installation of a guardrail system installed along the north edge. There was a gap left between the wall and the end of the guardrail at the northeast and northwest corners of the roof section where employees could fall off the edge.        NO ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 14, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.502(b)(1): The top edge height of the top rails, or equivalent guardrail system members, was not 42 inches (1.1 m) plus or minus 3 inches (8 cm) above the walking/working level: Note: When employees are using stilts, the top edge height of the top rail, or equivalent member, shall be increased an amount equal to the height of the stilts.     a) On or about 2/14/17 on construction site of a New  4- story  Medical Office  Bldg. at 564 Niagara St., Buffalo, NY : Employees were engaged in installing an EPDM white on black rubber roofing system on a flat rectangular section of the roof in the middle of the building. This section of the roof was enclosed by high walls on 3 sides.  The employer chose to protect workers from falls of approx. 30 ft. from the unprotected north end of this roof by the installation of a guardrail system installed along the north edge.  The guardrail system consisted of four vertical posts and three horizontal toprails. The height of the center toprail was approx.  36 inches above the roof.        NO ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 14, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.502(b)(2): Midrails, screens, mesh, intermediate vertical members, or equivalent intermediate structure members were not installed between the top edge of the guardrail system and the walking/working surface when there was no wall or parapet wall at least 21 inches (53 cm) high:   a) On or about 2/14/17 on construction site of a New  4- story  Medical Office  Bldg. at 564 Niagara St., Buffalo, NY :  Employees were engaged in installing an EPDM white on black rubber roofing system on a flat rectangular section of the roof in the middle of the building. This section of the roof was enclosed by high walls on 3 sides.  The employer chose to protect workers from falls of approx. 30 ft. from the unprotected north end of this roof by the installation of a guardrail system installed along the north edge.  The guardrail system consisted of four vertical posts and three horizontal  toprails.  No midrails or equivalent intermediate structural members were installed.      NO ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 14, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.502(b)(3): Guardrail systems were not capable of withstanding, without failure, a force of at least 200 pounds (890 N) applied within 2 inches (5.1 cm) of the top edge, in any outward or downward direction, at any point along the top edge:   a) On or about 2/14/17 on construction site of a New  4- story  Medical Office  Bldg. at 564 Niagara St., Buffalo, NY :  Employees were engaged in installing an EPDM white on black rubber roofing system on a flat rectangular section of the roof in the middle of the building. This section of the roof was enclosed by high walls on 3 sides.  The employer chose to protect workers from falls of approx. 30 ft. from the unprotected north end of this roof by the installation of a guardrail system installed along the north edge.  The guardrail system consisted of four vertical posts and three horizontal  toprails.  The  horizontal spans of the toprails were approx. 11 feet , which is greater  than the 8 ft . span between vertical posts  recommended  for wooden guardrails in Appendix  B of  Subpart M of this standard.          NO ABATEMENT CERTIFICATION REQUIRED