OSHA Inspection: DAMASCENO LANDSCAPING & CONSTRUCTION LLC

Issued

Oct 14, 2020

Abate by

Nov 8, 2021

Penalty

Initial $5,398 · Current $3,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act: 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 and crushing hazards due to personal restraint devices/seatbelts not being utilized resulting in severe head and bodily injuries including possible death due to restraint devices/seatbelts not being utilized while operating motorized vehicles.  Location: 200 Glover Avenue, Norwalk, CT 06854  On or About April 21, 2020, the operator/driver of the Caterpiller 740 Articulating Dump Truck, VIN number CAT88748LBP1P85503, traveling in the reverse direction and then while traveling forward after the dump truck expectedly lost it's brakes on an approximate twenty-two degree incline/slope did not utilize the restraint device/seatbelt installed in the operator's cab resulting in the operator/driver being ejected from the driver's side of the cab when the forward moving dump truck struck a large soil/earth material bank resulting in serious bodily injuries requiring hospitalization.  Among other methods, a feasible and acceptable method of corrective action(s) for this hazardous condition is to:  1. Require all motorized equipment operators to positively secure/latch all personal restrain devices/seatbelts while the equipment is in motion.  2. Develop and implement an employee training program in accordance with the each motorized equipment manufacturer's requirements and recommendations to instruct each operator in the hazards associated with using each motorized equipment, the correct procedures and requirements for operating the equipment in accordance with the manufacturer's guidelines, recommendations and requirements.   3. Develop and implement an inspection program for each piece of motorized equipment to ensure any and all restrain devices/seatbelts are operational in accordance with manufacturer's guidelines, recommendations and requirements.

Issued

Oct 14, 2020

Abate by

Nov 8, 2021

Penalty

Initial $5,398 · Current $3,000 Reduced

General-duty citation text

29 CFR 1926.601(b)(1): Motor vehicle(s) did not have a service brake system, an emergency brake system, and a parking brake system, all in operable condition:   Jobsite: 200 Glover Avenue, Norwalk, CT  The brake system on the Caterpiller 740 Articulating Dump Truck was in disrepair and not sufficiently maintained which resulted in the vehicle descending an incline uncontrolled at an accelerated speed striking a large soil pile.

Issued

Oct 14, 2020

Abate by

Nov 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.601(b)(14): All vehicles in use were not checked at the beginning of each shift to assure that the following parts, equipment, and accessories were in safe operating condition and free of apparent damage which could cause failure while in use: service brakes, including trailer brake connections; parking system (hand brake); emergency stopping system (brakes); tires; horn; steering mechanism; coupling devices; seat belts; operating controls; and safety devices.  Jobsite: 200 Glover Avenue, Norwalk, CT 06854  The Caterpiller 740 Articulating Dump Truck was not checked at the beginning of each shift to assure the vehicle was in a safe operating condition.