OSHA Inspection: PAYNE ENTERPRISES, INC.

Issued

Jul 26, 2019

Abate by

Sep 12, 2019

Penalty

Initial $72,930 · Current $36,200 Reduced

General-duty citation text

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.    On April 6, 2019, located on lot # 9 the north side of a new residential exterior structure, employees were exposed to cave-in hazards as there were no inspections conducted by a competent person to evaluate for the need of protective systems prior to employees entry into the excavation.    The Payne Enterprises, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(1), which was contained in OSHA inspection number 1317617, citation number 2, item number 1, and was affirmed as a final order on 9/21/2018, with respect to a workplace located at 1748 Springmeadow Dr., Xenia, OH 45385.    The Payne Enterprises, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.651(k)(1), which was contained in OSHA inspection number 1317617, citation number 1, item number 3, and was affirmed as a final order on 9/21/2018, with respect to a workplace located at 1727 Windy Run Blvd., Centerville, OH 45458.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Jul 26, 2019

Abate by

Sep 12, 2019

Penalty

Initial $72,930 · Current $36,200 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when:    On April 6, 2019, located on lot # 9, employees were exposed to cave-in hazard entering into the east portion of an excavation with a depth of 11 feet in that a protective system was not utilized.     The Payne Enterprises, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 1317617, citation number 2, item number 2 and was affirmed as a final order on 9/21/2018, with respect to a workplace located at 1748 Springmeadow Dr., Xenia, OH 45385.    The Payne Enterprises, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.652(a)(1), which was contained in OSHA inspection number 1229720, citation number 1, item number 4 and was affirmed as a final order on 7/12/2017, with respect to a workplace located at 1712 Windy Run Blvd., Centerville, OH 45458.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Jul 26, 2019

Abate by

Sep 12, 2019

Penalty

Initial $0 · Current $12,600

General-duty citation text

29 CFR 1926.652(c)(3)(iii): At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request.    On and before April 6, 2019, a copy of the tabulated data approved by a registered professional engineer for the Kundel Trench Shield, Model B3-6X8-K was not maintained on-site during construction of the protective system and could not be provided to the Secretary upon request.      In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.