OSHA Inspection: BILTMORE COMPANY, LLC

Issued

Jul 5, 2018

Abate by

Jul 31, 2018

Penalty

Initial $2,439 · Current $1,220 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) Jobsite: On May 9, 2018 and at times prior thereto the controlling employer, Biltmore Company, LLC, did not ensure that their employees and the sub-contractors employees were protected from overhead hazards.  The general contractor and sub-contractor employees did not wear hard hats when walking in and out of building 3030 while various overhead construction activities were being done in the area.  These activities included, but may not have been limited to roofing work and framing work from an aerial lift.     Note) Certification of corrective action is required for this item.

Issued

Jul 5, 2018

Penalty

Initial $3,252 · Current $1,626 Reduced

General-duty citation text

29 CFR 1926.453(b)(2)(v): A body belt was not worn and/or a lanyard was not attached to the boom or basket when working from an aerial lift:    a) Jobsite, building 3030: On April 27, 2018 and at times prior thereto the controlling employer, Biltmore Company, did not ensure that its sub-contractor protected its employees while working from an aerial lift.  The sub-contractor employees used the aerial lift to install drywall.  They did not have a personal fall restraint system in place, potentially exposing them to a 15 to 25 foot fall.         Note) As of January 1, 1998, subpart M of this part (1926.502(d)) provides that body belts are not acceptable as part of a personal fall arrest system.  The use of a body belt in a tethering system or in a restraint system is acceptable and is regulated.    Note) Corrected during inspection.

Issued

Jul 5, 2018

Penalty

Initial $2,439 · Current $1,220 Reduced

General-duty citation text

29 CFR 1926.1053(b)(5)(i): Non-self-supporting ladder(s) were not used at an angle such that the horizontal distance from the top support to the foot of the ladder was approximately one-quarter of the working length of the ladder:     a) Jobsite, building 3022: On April 27, 2018 and at times prior thereto the controlling employer, Biltmore Company, did not ensure its sub-contractor removed an improperly positioned self-made wooden ladder.  The ladder was used to gain access to an area between the second and third floor landing.  The angle of the ladder was estimated to be 30 degrees.      Note) Corrected during the inspection.

Issued

Jul 5, 2018

Abate by

Jul 31, 2018

Penalty

Initial $11,383 · Current $8,500 Reduced

General-duty citation text

29 CFR 1926.20(b)(1): The employer does not initiate and maintain such programs as may be necessary to comply with this part:     a) The controlling employer, Biltmore Company, LLC, has not maintained an effective accident prevention program to address hazards to which their employees and employees of their sub-contractors are exposed to.  Hazards include but are not limited to, personal fall protection not used, or not used properly, guardrail system not installed, or not installed properly on open sided floors, and personal protective equipment not worn when needed.  These conditions were most recently observed at 3030 Owyhee Park, Boise ID, on April 27th and on May 9, 2018.      Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard 29 CFR 1926.20(b)(1), which was contained in OSHA inspection number 1099379, citation number 2, item number 1a, and was affirmed as a final order on January 6, 2016, with respect to a workplace located at 896 Maple Grove, Boise ID, 83708.       Note) Pursuant to 29 CFR 1903.19, Biltmore Company, LLC must submit certification and documentation of specific actions taken to maintain and effectively implement an accident prevention program that requires compliance by its sub-contractors and provides for consistent, meaningful enforcement of the program by a competent person.

Issued

Jul 5, 2018

Abate by

Jul 31, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.20(b)(2): The employer does not initiate and maintain a safety program which provides for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employer:  a) The controlling employer, Biltmore Company, LLC, has not maintained an effective program to perform frequent and regular safety inspections of the jobsites under their control.  They do not have a system to identify and correct in a timely manner, hazards to which their employees and their sub-contractors employees are exposed to.  Hazards include but are not limited to, temporary handrails not installed on open sided floors, guardrails not installed properly on stairway landings, improper ladder usage, personal fall protection and other personal protective equipment (hard hats) not used when needed.  These conditions were most recently observed at 3030 Owyhee Park, Boise, ID, on April 27th and again on May 9, 2018.     Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.20(b)(2), which was contained in OSHA inspection number 1099379, citation number 2, item number 1b, and was affirmed as a final order on January 6, 2016, with respect to a workplace located at 896 North Maple Grove, Boise ID, 83708.  Note) Pursuant to 29 CFR 1903.19, Biltmore Company, LLC must submit certification and documentation of specific actions taken to maintain and effectively implement an accident prevention program that requires compliance by its sub-contractors and provides for consistent, meaningful enforcement of the program by a competent person.

Issued

Jul 5, 2018

Abate by

Jul 31, 2018

Penalty

Initial $8,130 · Current $6,000 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels was not protected by guardrail systems, safety net system, or personal fall arrest system:      a) The controlling employer, Biltmore Company, LLC, does not ensure that its sub-contractor takes the proper precautions to protect their employees from fall hazards.  The framing sub-contractors employees are exposed to fall hazards ranging from 10 feet at an open sided floor, and up to 30 feet from exterior top plates when personal fall protection systems are not properly worn or installed.  These conditions were most recently observed at 3030 Owyhee Park, Boise, ID, on April 27th and on May 9, 2018.                 Biltmore Company, LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1099379, citation number 2, item number 2, and was affirmed as a final order on January 6, 2016, with respect to a workplace located at 896 Maple Grove, Boise, ID 83708.        Note) Pursuant to 29 CFR 1903.19, Biltmore Company, LLC must submit certification and documentation of specific and meaningful actions that are taken to ensure clear communication of the expectations, compliance with the fall protection standard, follow through and enforcement of the policy and employee protection on the jobsite.