OSHA Inspection: NELCON, INC.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $13,260

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to fall hazards.  a) Asphalt Oil Heater: On or about October 25, 2018, and at times prior, employees were exposed to fall hazards while filling the heating oil expansion tank with heating oil. The employees were being elevated to working height of 14 feet to the ground below by use of the bucket of a Caterpillar 982M Wheel Loader.   b) Asphalt Silo: On or about, October 30, 2018, and at times prior, employees were exposed to fall hazards while performing welding operations on the doors of the Asphalt Silo. The employees were being elevated to the working height of 15 feet to the ground below by use of the bucket of a Caterpillar 982M Wheel Loader.

Issued

Apr 17, 2019

Abate by

May 7, 2019

Penalty

Initial $13,260 · Current $10,476 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 were 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 hazards from vehicular and heavy machinery:    a) Nelcon Asphalt Plant: On or about October 29, 2018 and at times prior, employees were exposed to struck-by hazards while performing work operations in and around the traffic path of vehicular and heavy machinery.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $11,366 · Current $11,366

General-duty citation text

29 CFR 1910.28(b)(1)(i): The employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that was 4 feet (1.2 m) or more above a lower level was protected from falling by one or more of the following:  Guardrail systems, safety net systems, or personal fall arrest systems:  a) Diesel Fuel Platform: On or about October 29, 2018 and at times prior, employees were exposed to fall hazards of 6 feet 2 inches to the ground below while spraying diesel fuel into the semi-truck trailer.  b) Asphalt Oil Heater Platform: On or about October 29, 2018 and at times prior, employees were exposed to fall hazards of 4 feet 10 inches to the ground below while performing maintenance operations from the Asphalt Oil Heater platform.   c) Asphalt Silo: On or about October 29, 2018 and at times prior, employees were exposed to fall hazards in excess of 15 feet to the ground below while performing welding operations on the doors of the asphalt silo from the silo bin support structures.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.28(b)(5)(i): The employer did not ensure each employee on a runway or similar walkway was protected from falling 4 feet (1.2 m) or more to a lower level by a guardrail system:  a) Astec Double Barrel Drum Mixer Catwalk: On or about October 29, 2018 and at times prior, employees were exposed to fall hazards of 8 feet 8 inches to the ground below while using the drum catwalk to enter the drum. The catwalk has a missing guardrail system on the south facing side.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $9,472 · Current $9,472

General-duty citation text

29 CFR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:   a) Asphalt Oil Heater: On or about October 25, 2018 and at times prior, employees were exposed to second and third degree burns while pouring oil from a 55 gallon drum from an elevated bucket on a Caterpillar 982M Wheel Loader into an heat oil expansion tank on top of an asphalt oil heater. The oil, at ambient temperature, came into contact with heated oil (approximately 450 degrees Fahrenheit), reacted, and released hot oil out of the fill cap. The employer failed to provide the necessary Personal Protective Equipment (PPE) to protect the employees from burns to the head, arms and body.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $9,472 · Current $9,472

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) Asphalt Oil Heater: On or about October 25, 2018 and at times prior, employees were exposed to second and third degree burns while pouring oil from a 55 gallon drum from an elevated bucket on a Caterpillar 982M Wheel Loader into an heat oil expansion tank on top of an asphalt oil heater. The oil, at ambient temperature, came into contact with heated oil (approximately 450 degrees Fahrenheit), reacted, and released hot oil out of the fill cap. The employer failed to assess the hazards associated with this operation, or that were likely to be present in other work operations, which would necessitate the use of personal protective equipment (PPE).

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $9,472 · Current $0 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): Protective eye and face equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment:    a) Asphalt Oil Heater: On or about October 25, 2018 and at times prior, employees were exposed to second and third degree burns while pouring oil from a 55 gallon drum from an elevated bucket on a Caterpillar 982M Wheel Loader into an heat oil expansion tank on top of an asphalt oil heater. The oil, at ambient temperature, came into contact with heated oil (approximately 450 degrees Fahrenheit), reacted, and released hot oil out of the fill cap. The employer failed to provide the necessary Personal Protective Equipment (PPE) to protect the employees from burns to the eyes and face for work processes including but not limited to this operation.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $9,472 · Current $0 Reduced

General-duty citation text

29 CFR 1910.138(a): Employers did not select and require employees to use appropriate hand protection when employees' hands were exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes:      a) Asphalt Oil Heater: On or about October 25, 2018 and at times prior, employees were exposed to second and third degree burns while pouring oil from a 55 gallon drum from an elevated bucket on a Caterpillar 982M Wheel Loader into an heat oil expansion tank on top of an asphalt oil heater. The oil, at ambient temperature, came into contact with heated oil (approximately 450 degrees Fahrenheit), reacted, and released hot oil out of the fill cap. Where employees were exposed to thermal burns, the employer failed to select and require appropriate hand protection.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $10,476 Reduced

General-duty citation text

29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:     a) Rockvale 2 Laurel Site: On or about October 29, 2018 and at times prior, the employer failed to evaluate the workplace for the existence of permit required confined spaces. Employees entering the Astec Double Barrel Drum Mixer to conduct grinding, cleaning, and basic maintenance operations were exposed to potentially flammable and/or oxygen deficient atmospheres, and struck-by hazards.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:   a) Rockvale 2 Laurel Site: On or about October 29, 2018 and at times prior, employees were exposed to potentially flammable and/or oxygen deficient atmospheres, and struck-by hazards while entering the Astec Double Barrel Drum Mixer to conduct grinding, cleaning, and basic maintenance operations. The employer failed to post danger signs or other equally effective means, of the existence, location, and danger posed by the Astec Double Barrel Drum Mixer.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $10,476 Reduced

General-duty citation text

29 CFR 1910.146(d)(5)(i): Under the permit required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin:    a) Rockvale 2 Laurel Site: On or about October 29, 2018 and at times prior, employees were exposed to potentially flammable and/or oxygen deficient atmospheres, and struck-by hazards while entering the Astec Double Barrel Drum Mixer to conduct grinding, cleaning, and basic maintenance operations. The employer failed to test the conditions of the permit required confined space to determine if acceptable entry conditions existed before entry was authorized to begin.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:      a) Rockvale 2 Laurel Site: On or about October 29, 2018 and at times prior, employees were exposed to potentially flammable and/or oxygen deficient atmospheres, and struck-by hazards while entering the Astec Double Barrel Drum Mixer to conduct grinding, cleaning, and basic maintenance operations. The employer failed to create an entry permit to document the necessary steps as required by 29 CFR 1910.146(d)(3):   1. Acceptable entry conditions;  2. Allowing entrants the opportunity to observe testing of permit spaces;  3. Isolation of the permit space;  4. Purging, inerting, flushing, or, ventilation methods used to control the atmospheric hazards;  5. Barriers used to protect entrants from external hazards and;  6. Verification that conditions in the permit space were acceptable for entry throughout the duration of the entry.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:  a) Rockvale 2 Laurel Site: On or about October 29, 2018 and at times prior, employees were exposed to potentially flammable and/or oxygen deficient atmospheres, and struck-by hazards while entering the Astec Double Barrel Drum Mixer to conduct grinding, cleaning, and basic maintenance operations. The employer failed to provide adequate training in the recognition of permit required confined space hazards and the methods to control these hazards to the employees required to enter a permit required confined space.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized entry:  a) Rockvale 2 Laurel Site: On or about October 29, 2018 and at times prior, employees were exposed to potentially flammable and/or oxygen deficient atmospheres, and struck-by hazards while entering the Astec Double Barrel Drum Mixer to conduct grinding, cleaning, and basic maintenance operations. The employer did not implement procedures that would ensure rescue and emergency services were available as needed for entrants to permit-required confined spaces.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $10,476 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(ii): Procedures did not clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, 29 CFR 1910.147(c)(4)(ii)(A), (c)(4)(ii)(B), (c)(4)(ii)(C) and (c)(4)(ii)(D):           a) Astec Double Barrel Drum Mixer: On or about October 29, 2018 and at times prior, employees were exposed to struck-by hazards from unexpected drum rotation and hazards associated with other unexpected releases of stored energy while; conducting grinding, cleaning, and basic maintenance operations on equipment such as, but not limited to, the Astec Double Barrel Drum Mixer. The employer failed to: Provide a specific statement of the intended use of their procedure. Provide a machine- specific lock out tag out procedure on equipment with energy sources such as, but not limited to; mechanical, electrical, stored gases, and thermal energy. Identify specific steps for placement, removal, and transfer of lock out tag out devices and the responsibility for them. Provide specific requirements for testing the machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control measures.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $10,476 Reduced

General-duty citation text

29 CFR 1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:    a) Nelcon Asphalt Plant: On or about October 29, 2018 and at times prior, employees were exposed to struck-by hazards from unexpected drum rotation and hazards associated with other unexpected releases of stored energy while; conducting grinding, cleaning, and basic maintenance operations on equipment such as, but not limited to, the Astec Double Barrel Drum Mixer. The employer failed to conduct periodic inspections of their energy control procedure to identify that the procedure was being followed.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $10,476 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i): The employer did not provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees:    a) Nelcon Asphalt Plant: On or about October 29, 2018 and at times prior, employees were exposed to struck-by hazards from unexpected drum rotation and hazards associated with other unexpected releases of stored energy while; conducting grinding, cleaning, and basic maintenance operations on equipment such as, but not limited to, the Asphalt Dryer. The employer failed to provide adequate instruction to ensure that their energy control program was understood and that the employees demonstrated the necessary knowledge and skills required for the safe application, usage, and removal of energy controls.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $10,476 Reduced

General-duty citation text

29 CFR 1910.147(d)(3): All energy isolating devices that were needed to control the energy to the machine or equipment were not physically located and operated in such a manner as to isolate the machine or equipment from the energy source(s):    a) Astec Double Barrel Drum Mixer: On or about October 29, 2018 and at times prior, employees were exposed to struck-by hazards from unexpected drum rotation and hazards associated with other unexpected releases of stored energy while; conducting grinding, cleaning, and basic maintenance operations on equipment such as, but not limited to, the Astec Double Barrel Drum Mixer. The employer failed to ensure that isolation points including, but not limited to, the propane burner valve, were isolated and secured.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(d)(4)(i): Lockout or tagout devices were not affixed to each energy isolating device by authorized employees:  a) Astec Double Barrel Drum Mixer: On or about October 29, 2018 and at times prior, employees were exposed to struck-by hazards from unexpected drum rotation and hazards associated with other unexpected releases of stored energy while; conducting grinding, cleaning, and basic maintenance operations on equipment such as, but not limited to, the Astec Double Barrel Drum Mixer. The employer failed to ensure that equipment was isolated and secured from multiple sources of energy prior to employees entering the equipment.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $13,260 · Current $10,476 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:    a) Astec Double Barrel Drum Mixer: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while walking and working near the unguarded in-going nip point of the Astec Double Barrel Drum Mixer, located at the South corner of the machine where the rotating drum tire meets the trunnion.    b) Bins Conveyor: On or about October 29, 2018 and at times prior, employees were exposed to caught-in hazards while walking and working under and around the unguarded horizontal idler shaft of the Bins conveyor.    c) Waybridge: On or about October 29, 2018 and at times prior, employees were exposed to caught-in hazards while walking and working under and around the unguarded horizontal idler shaft of the Waybridge conveyor.    d) Waybridge: On or about October 29, 2018 and at times prior, employees were exposed to caught-in hazards while working near unguarded paddles located under the conveyor end at the ground level end of the Waybridge Conveyor Belt.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $9,472 · Current $9,472

General-duty citation text

29 CFR 1910.219(c)(2)(i): All exposed part(s) of horizontal shafting seven (7) feet or less from floor or working platform were not protected by stationary casing(s) enclosing shafting completely or by trough(s) enclosing sides and top or sides and bottom of shafting:  a) Waybridge: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while working near an unguarded horizontal shaft at the ground level end of the Waybridge Conveyor Belt.  b) Asphalt Oil Tank: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while working near an unguarded horizontal shaft at the back of the Asphalt Oil Tank.  c) Asphalt Oil Heater Platform: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while working near an unguarded horizontal shaft on the Asphalt Oil Heater Platform.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $9,472 · Current $9,472

General-duty citation text

29 CFR 1910.219(c)(4)(i): Unguarded projecting shaft end(s) did not present a smooth edge and end and projected more than one half the diameter of the shaft:  a) Waybridge Conveyor: On or about October 29, 2018 and at times prior, employees were exposed to caught in hazards while walking and working around the unguarded shaft end. The shaft was approximately 2 inches in diameter and the exposed portion of the shaft projected approximately 3.5 inches.  b) Waybridge Conveyor: On or about October 29, 2018 and at times prior, employees were exposed to caught in hazards while walking and working around the unguarded shaft end. The shaft was approximately 2 inches in diameter and the exposed portion of the shaft projected approximately 2.5 inches.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $9,472 · Current $9,472

General-duty citation text

29 CFR 1910.219(d)(1): Pulley(s) with part(s) seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified in 29 CFR 1910.219(m) and (o):  a) Astec Bag House: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while walking and working around the unguarded pulley on the east facing corner of the Astec Bag House.   b) Lime Silo: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while walking and working around the unguarded pulley on the Lime Silo.   c) Asphalt Oil Heater Platform: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while walking and working around the unguarded pulley on the Asphalt Oil Heater Platform.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.219(e)(1)(i): Horizontal belts which had both runs seven feet or less from the floor level were not guarded with a guard that extended to at least fifteen inches above the belt:  a) Astec Bag House: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while walking and working around the unguarded horizontal belt on the east facing corner of the Astec Bag House.   b) Lime Silo: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while walking and working around the unguarded horizontal belt on the Lime Silo.   c) Asphalt Oil Heater Platform: On or about October 29, 2018 and at times prior, employees were exposed to caught-in and amputation hazards while walking and working around the unguarded horizontal belt on the Asphalt Oil Heater Platform.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $7,577 · Current $7,577

General-duty citation text

29 CFR 1910.253(b)(2)(iv): Valve protection caps, where cylinders were designed to accept caps, were not always in place, hand-tight, except when cylinders were in use or connected for use:  a) Nelcon Asphalt Plant: On or about October 29, 2018 and at times prior, employees were exposed to explosion and secondary fire hazards from an uncapped acetylene tank stored outside of the maintenance trailer.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $11,366 · Current $11,366

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) Laboratory/Office Trailer: On or about October 29, 2018 and at times prior, employees were exposed to shock and fire hazards while using a Relocatable Power Tap in accordance with instructions included in the listing or labeling. The Relocatable Power Tap was permanently secured to a building structure and was used to substitute fixed wiring.

Issued

Apr 17, 2019

Abate by

Apr 29, 2019

Penalty

Initial $9,472 · Current $9,472

General-duty citation text

29 CFR 1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye:   Nelcon Asphalt Plant: On October 25, 2018 the employer failed to report the in-patient hospitalization of one employee as a result of a work-related incident, within (24) twenty-four hours. An employee sustained injuries requiring hospitalization on October 25, 2018 and OSHA was notified by an anonymous complaint on October 27, 2018.

Issued

Apr 17, 2019

Abate by

May 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.25(b)(1): Handrails, stair rail systems, and guardrail systems were not provided in accordance with 29 CFR 1910.28:  a) Diesel Fuel Platform: On or about October 29, 2018 and at times prior, employees were exposed to fall hazards while accessing and egressing the platform from an unguarded stairway.