OSHA Inspection: LYNNWAY AUTO AUCTION, INC.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $7,967 · Current $7,600 Reduced

General-duty citation text

29 CFR 1910.37(a)(3): Exit route(s) were not kept free and unobstructed:    (a) Location - 159 Rangeway Road, Billerica, MA;  On or about 5/30/17, a barrel obstructed the exit route reducing the width.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $9,959 · Current $9,959

General-duty citation text

29 CFR 1910.38(a): The employer did not have an emergency action plan as required by an OSHA standard.  The requirements in this section apply to each such emergency action plan.    (a) Location - 400 Charter Way, Billerica, MA:  On or about 5/3/17, an emergency action plan was not developed to protect employees in the event of an emergency as required by the OSHA standard.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $7,967 · Current $7,600 Reduced

General-duty citation text

29 CFR 1910.106(d)(3)(ii): Storage cabinet(s) for flammable liquids were not designed or constructed to meet minimal fire resistance as required:    (a) Location - 400 Charter Way, Billerica, MA:  On or about 5/3/14, the employees were using metal cabinets to store flammable liquids in which were not approved for the storage of flammable liquids.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $12,675 · Current $12,500 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):    (a) Location - 400 Charter Way, Billerica, MA:  On or about 5/3/17, the employer failed to perform any assessments related to workers performing auction related tasks including but not limited to employees jump starting vehicles and inflating tires.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1): Protective eye equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment:    (a) Location - 400 Charter Way, Billerica, MA:  On or about 5/3/17, employees were not provided or required to use safety eye wear to protect from eye injuries.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $7,967 · Current $7,600 Reduced

General-duty citation text

29 CFR 1910.141(d)(1): Washing facilities were not maintained in a sanitary condition:    (a) Location -163 Rangway Road, Billerica, MA (car detail area):  on or about 5/30/17, the toilet facilities were not maintained in a sanitary condition.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $12,675 · Current $12,500 Reduced

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:    (a) Location - 159 Range Way Road, Billerica, MA (reconditioning):  On or about 5/30/17, suitable eye wash stations were not maintained for use by employees working with corrosive materials.       (b) Location - 400 Charter Way, Billerica, MA (mechanic shop):  On or about 5/10/17, suitable eye wash stations were not maintained for use by employees working with corrosive materials.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $9,959 · Current $9,959

General-duty citation text

29 CFR 1910.157(e)(3): Portable fire extinguishers were not subjected to an annual maintenance check:    (a) Location - 159 Rangeway Road, Billerica, MA:  On or about 5/30/17, annual maintenance checks on portable fire extinguishers were not conducted.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $9,959 · Current $9,959

General-duty citation text

29 CFR 1910.157(g)(1): An educational program was not provided for all employees to familiarize them with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting:    (a) Location 400 Charter Way, Billerica, MA:  On or about 5/3/17, employees expected to use fire extinguishers were not provided training.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $9,959 · Current $9,959

General-duty citation text

29 CFR 1910.303(b)(2): Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:    (a) Location - 400 Charter Way, Billerica, MA:    On or about 5/10/17, employees were using a relocatable power tap that was not used in accordance with its listing and labeling.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:    (a) Location - 400 Charter Way, Billerica, MA:  On or about 5/10/17, a relocatable power tap was installed for use as a permanent outlet.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $7,967 · Current $7,700 Reduced

General-duty citation text

29 CFR 1910.303(f)(2): Each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, , nor located and arranged so the purpose was evident:    (a) Location - 159 Range Way, Billerica, MA:  On or about 5/30/17, employees were exposed electrical hazards when employer failed to ensure that each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, was not legibly marked to indicate its purpose, nor located and arranged so the purpose was evident.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $7,967 · Current $7,700 Reduced

General-duty citation text

29 CFR 1910.305(b)(2)(i): Each outlet box in completed installations did not have a cover, faceplate, or fixture canopy:    (a) Location - 159 Rangeway Road, Billerica, MA:  On or about 5/30/17, employees were exposed to electrical shock and burns when the employees were using energized electrical outlets that were not covered or have faceplates installed.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $12,675 · Current $12,600 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:    (a) Location - 400 Charter Way, Billerica, MA:  On or about 5/3/17, the employer did not develop a written hazard communication program.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $69,713 · Current $12,675 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck-by and crushing hazards from vehicles driven throughout the auto auction premises.      (a)  Location - 400 Charter Way, Billerica, MA:  On or about 5/3/17, the employer failed to protect employees from struck-by and crushing hazards from vehicles while working throughout the entire auction premises. Employees exposed to these hazards include but are not limited to auction managers, auction staff, auction ring men, lane chiefs, drivers, maintenance personnel, lot attendants, security personnel and auto mechanics.     Lynnway Auto Auction, Inc. was previously cited for a violation of Section 5(a)(1) of the OSH Act for exposing employees to struck-by and crushing hazards from vehicular traffic, which was contained in OSHA inspection number 965164, citation number 1, item number 1 and was affirmed as a final order on 08/17/2014, with respect to Lynnway Auto Auction, Inc.?s workplace located at 400 Charter Way, Billerica, MA.    The method or methods to feasibly correct or abate the hazards include, but are not limited to, the following elements:      Develop a written auction traffic control program which addresses at a minimum the following elements:    Engineering Controls      1. Designate pedestrian and other non-driving auction employee safe locations, walkways and crosswalks with painted lines on the auction arena floor, and install bollards or other physical perimeter barriers which are capable of absorbing impact forces along auction lanes, and all other moving vehicle viewing areas for protecting pedestrians from being struck-by moving vehicles.   2. Designate and post vehicle speed limits throughout the auction premises.  3. Designate and delineate vehicle stopping points within the auction lanes where drivers will periodically stop and park vehicles for purposes of auction participant viewing or bidding.  4. Implement a communication system to warn pedestrians to clear the auction lanes prior to signaling vehicles to proceed to the next stopping point.  5. Ensure all auction management, including auctioneers, auction ring men, lane chiefs and each employee directing auction lane traffic are provided and wear high visibility vests in all vehicle traffic areas on the auction premises.      Administrative Controls      1. Develop a written auction safety policy and distribute to all auction employees and pedestrians. Prohibit all pedestrians from walking into lanes with moving vehicles unless at designated crosswalks.  2. Ensure that safety policy and rules are communicated to all employees including all temporary employees.     3. Post auto auction safety rules, and guidelines pertaining to safe auction operations.  4. Ensure drivers obey speed limits and safe travel distances between vehicles throughout the auction premises.  5. Develop a monitoring plan to ensure all employees adhere to all safety rules, traffic control signals and auction safety protocols such as clearing auction lanes prior to signaling vehicles to proceed to the next stopping point.   6. Develop a progressive disciplinary action plan to address non-compliance with safety policy and rules.  7. Implement safety meetings prior to each auction day, with mandatory attendance for all auction employees to review auction safety protocol, and driver safety procedures.  8. Ensure all drivers maintain at least 20 feet when stopping behind a vehicle in front of them, for preventing injuries caused by collisions and caught in between hazards.       9. Prohibit the opening of vehicle doors, hoods, trunks and enclosed spaces during the auction, and limit these activities to trained employees.  10.         Ensure management conducts daily inspections throughout the auction premises, and documents deficiencies or near miss incidents and takes appropriate corrective actions.  Evaluate all reports on an annual basis and ensure that all deficiencies have been addressed and communicated to all employees.              Training Certification   1. Ensure all auction management, auctioneers, auction ring men and lane chiefs, demonstrate proficient knowledge of the auction safety rules, protocol and driver safety procedures.  2. Certify that all employees including temporary employees have been trained regarding the auction traffic control plans, safety policy, and driver safety program prior to assignment.   3. Provide training at a minimum annually. Retrain whenever deficiencies or noncompliance with safety program are found.      Develop and implement a safe driving program for all auction drivers specific to each area within the auto auction premises, which includes at a minimum, the following guidelines:      1. Certify that all drivers demonstrate safe driver skills and demonstrate knowledge of safe driver procedures and pedestrian precautions before assignment.  2. Periodically re-evaluate all drivers to ensure that they remain qualified to operate and are physically capable of operating each vehicle safely.   3. Ensure all drivers are wearing the appropriate high visibility clothing for when accessing vehicles in parking lots.  4. Ensure drivers wear stable footwear to safely operate vehicle foot control pedals.  5. Prior to operation, ensure all auction drivers visually inspect each vehicle for safety defects such as faulty brakes, engine idle malfunction, driver visibility hazards, or other mechanical defects.  6. Instruct drivers to remove the keys from the ignition of unsafe or defective vehicles, and notify a supervisor.   7. Ensure drivers are trained to follow speed limits in each posted area and trained to maintain safe travel distances between vehicles throughout the auction premises.  8. Ensure drivers are aware of blind spots within the premises which may conceal pedestrians and other auction employees from view.   9. Provide retraining in the safe driver program and/or auction safety protocol, when deficiencies or non-compliance to safety policy is found.  10.     Implement a written disciplinary action plan to address unsafe driving practices, or violation of the auction safety rules and protocols.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $69,713 · Current $69,713

General-duty citation text

29 CFR 1910.305(b)(1)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:    (a) Location - 159 Rangeway Road, Billerica, MA:  On or about 5/30/17, the openings in electrical panels, cabinets, and motor control centers were not effectively closed.     Lynnway Auto Auction, Inc. was previously cited for a violation of this Occupational Safety and Health Standard CFR 1910. 305 (b) (1) (ii), which was contained in OSHA inspection number 965164, citation number 1, item number 2 and was affirmed as a final order on 8/12/14, with respect to a workplace located at 400 Charter Way, Billerica, MA 01822.

Issued

Nov 1, 2017

Abate by

Apr 2, 2018

Penalty

Initial $1,992 · Current $1,976 Reduced

General-duty citation text

29 CFR 1904.31(a): The employer did not record the recordable injuries/illnesses that occurred to employees who were not on their payroll, but were supervised by the company on a day-to-day basis.    (a) Location - 400 Charter Way, Billerica, MA:  On or about 5/30/17, the employer failed to record injuries to temporary labor under their supervision.