OSHA Inspection: FLACK ENTERPRISES INC.

Issued

Aug 2, 2017

Penalty

Initial $3,078 · Current $1,539 Reduced

General-duty citation text

29 CFR 1926.501(b)(11): Each employee on a steep roof with unprotected sides and edges 6 feet (1.8 m) or more above lower levels was not protected from falling by guardrail systems with toeboards, safety net systems, or personal fall arrest systems:    a) Greenhouse: An employee painting the roof  while standing on a gutter was exposed to a fall hazard of approximately 8 foot 5 inches and the employer did not provide the employee with a guard rail system, safety net or personal fall protection system, on or about June 12, 2017.    No abatement certification or documentation required.

Issued

Aug 2, 2017

Abate by

Aug 22, 2017

Penalty

Initial $1,847 · Current $924 Reduced

General-duty citation text

29 CFR 1910.28(b)(11)(ii): Each flight of stairs having at least 3 treads and at least 4 risers was not equipped with stair rail systems and handrails in accordance with Table D-2, Stairway Handrail Requirements:     a) Attic Stairwell: The stairway leading up to the attic with one open side was not equipped with one stair rail system with a handrail along the entire open side, on or about June 12, 2017.      Abatement Note: Any new stair rail systems are required to meet 1910.29(f) after January 17, 2017.

Issued

Aug 2, 2017

Abate by

Aug 22, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.29(f)(4): Openings in a stair rail system exceeds 19 inches (48 cm) at its least dimension;   a) Attic Stairwell: The stairway leading up to the attic with one open side contained openings over 36 inches wide between uprights supporting the railing, exposing employees to fall hazards on or about June 12, 2017.

Issued

Aug 2, 2017

Abate by

Sep 6, 2017

Penalty

Initial $3,078 · Current $1,539 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95 (c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent. For purposes of the hearing conservation program, employee noise exposures shall be computed in accordance with appendix A and Table G-16a:    a) New Hope Area: An employee, Laborer, mowing lawns using an eXmark Lazer zero-turn mower was exposed to continuous noise at 152.1% of the permissible exposure level (PEL) of 90 dBA or an eight-hour time-weighted average of 93.0 dBA.  This exposure was 3.62 times the reduced action level of 42% dose or 83.8 dba allowed for a 9.5 hour work exposure period.  This exposure was observed over a 547 minute sampling period on June 28, 2017. The employer did not administer or maintain a continuing effective hearing conservation program as described by the standard, on or about June 28, 2017.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Aug 2, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:  a) New Hope Area: An employee, Laborer, mowing lawns using an eXmark Lazer zero-turn mower was exposed to continuous noise above the permissible exposure limit for a 9.5 hour shift and the employer did not conduct noise monitoring, on or about June 28, 2017. (See citation1 item 3a for full description)   No abatement certification or documentation required.

Issued

Aug 2, 2017

Abate by

Sep 6, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k):  a) New Hope Area: An employee, Laborer, mowing lawns using an eXmark Lazer zero-turn mower was exposed to continuous noise above the permissible exposure limit for a 9.5 hour shift and the employer did not conduct training on the effects of noise of the purpose of the audiometric testing, on or about June 28, 2017. (See citation 1 item 3a for full description)  ABATEMENT NOTE: Employees shall be informed of the following: 1. The effects of noise on hearing. 2. The purpose of hearing protectors, the advantages, disadvantages, and attenuation of various types, and instructions on selection, fitting, use, and care. 3. The purpose of audiometric testing and an explanation of the test procedures.

Issued

Aug 2, 2017

Penalty

Initial $2,093 · Current $1,047 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. Pull boxes, junction boxes, and fittings were not provided with covers approved for the purpose:    a) Attic Stairwell: A junction box did not have the appropriate cover exposing employees to electrical hazards, on or about June 12, 2017.      b) Attic Stairwell: An switch box did not have the appropriate faceplate exposing employees to electrical hazards, on or about June 12, 2017.    No abatement certification or documentation required.

Issued

Aug 2, 2017

Abate by

Aug 22, 2017

Penalty

Initial $1,847 · Current $924 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) Facility - wide: Employees use various chemicals including sulfuric acid, gasoline and Diesel fuel to clean, fertilizers for plants and while landscaping and the employer did not have a written hazard communication program, on or about June 12, 2017.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Aug 2, 2017

Abate by

Sep 6, 2017

Penalty

Initial $0 · Current $0

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:  a) Facility - wide: Employees use various chemicals including sulfuric acid, gasoline and diesel fuel to clean, fertilizers for plants and while landscaping and the employer did not provide all employees with the hazards of the chemicals used, on or about June 12, 2017.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.    ABATEMENT NOTE: Employees shall be informed of the following: 1.  The requirements of this section; 2.  Any operations where hazardous chemicals are present; 3.  The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and Safety Data Sheets.    Employee training shall include at least: 1.  Methods and observations that may be used to detect the presence or release of hazardous chemical in the work area. 2.  The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area. 3.  The measures employees can take to protect themselves such as specific procedures and personal, protective equipment to be used. 4.  The details of the employer's Hazard Communication Program including an explanation of the labels received on shipped containers and the workplace labeling system used by the employer; Safety Data Sheets, including the order of information and how employees can obtain and use the appropriate hazard information.