OSHA Inspection: KEMPEN EXCAVATING, LLC

Issued

2018-11-15 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $3326.00 · Current $1663.00 Reduced

General-duty citation text

29 CFR 1926.20(b)(2): It shall be the responsibility of the employer to initiate and maintain programs which shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.    On or about August 21, 2018 at 205 Main Street in Brillion, the employer did not ensure that a competent person was performing frequent and regular inspections that could have recognized fall from elevation and impact hazards associated with employees working from aerial lift baskets and on top of steel beams without properly installed and complete fall protection equipment.

Issued

2018-11-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.453(a)(2): Aerial lifts may be "field modified" for uses other than those intended by the manufacturer provided the modification has been certified in writing by the manufacturer or by any other equivalent entity, such as a nationally recognized testing laboratory, to be in conformity with all applicable provisions of ANSI A92.2-1969 and this section and to be at least as safe as the equipment was before modification.  a)  On or about August 21, 2018 at 205 Main Street in Brillion, two employees were working from a Snorkel TB60 #D1438 aerial lift basket approximately fifteen feet above surface level with the access egress mid-rail taped up in the open position.  b)  On or about August 21, 2018 at 205 Main Street in Brillion, an employee was working from a Snorkel TB60 #D1459 aerial lift basket approximately fifteen feet above surface level with the access egress mid-rail taped up in the open position.

Issued

2018-11-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.502(d)(16)(ii): Personal fall arrest systems, when stopping a fall, shall limit maximum arresting force on an employee to 1,800 pounds (8 kN) when used with a body harness.  a)  On August 21, 2018 at 205 Main Street in Brillion, an employee was working from an aerial lift basket approximately fifteen feet above surface level using personal fall protection equipment without any fall arrester.  b)  On August 21, 2018 at 205 Main Street in Brillion, an employee was working from a steel beam nineteen feet above surface level using personal fall protection equipment without any fall arrester.

Issued

2018-11-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.502(d)(16)(iii):  Personal fall arrest systems, when stopping a fall, shall be rigged such that an employee can neither free fall more than 6 feet (1.8 m), nor contact any lower level.  On August 21, 2018 at 205 Main Street in Brillion, an employee was working from on top of a steel beam using personal fall protection equipment installed with a greater than six feet free fall; the lifeline was anchored below the employee.

Issued

2018-11-15 00:00:00

Penalty

Initial $3326.00 · Current $1663.00 Reduced

General-duty citation text

29 CFR 1926.453(b)(2)(iv): Employees shall always stand firmly on the floor of the basket, and shall not sit or climb on the edge of the basket or use planks, ladders, or other devices for a work position.    On August 21, 2018 at 205 Main Street in Brillion, an employee was climbing out/in of an aerial lift basket to access/egress the work surface on top of a steel beam nineteen feet above surface level.

Issued

2018-11-15 00:00:00

Penalty

Initial $2772.00 · Current $1386.00 Reduced

General-duty citation text

29 CFR 1926.453(b)(2)(v): A body belt shall be worn and a lanyard attached to the boom or basket when working from an aerial lift.  Note to paragraph (b)(2)(v): 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 under 1926.502(e).    On August 21, 2018 at 205 Main Street in Brillion, an employee was working from an aerial lift basket at approximately fifteen feet above surface level without utilizing fall protection equipment.

Issued

2018-11-15 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $311.00 · Current $156.00 Reduced

General-duty citation text

29 CFR 1926.503(a)(2)(iii): The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, controlled access zones, and other protection to be used.    On or about August 21, 2018 at 205 Main Street in Brillion, the employer did not ensure employees were trained in the recognition and avoidance of unsafe conditions, including but not limited to, required use and proper installation of personal fall arrest systems and guardrail systems when working in aerial lift baskets and on work surfaces greater than six feet above surface level.

Issued

2018-11-15 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.503(b)(1): The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.  On or about August 21, 2018 at 205 Main Street in Brillion, the employer did not certify employees had received fall protection safety training prior to working at heights greater than six feet and in aerial lift baskets.