OSHA Inspection: TEN CORP, INC.

Issued

2021-01-27 00:00:00

Abate by

2021-02-23 00:00:00

Penalty

Initial $3901.00 · Current $3901.00

General-duty citation text

29 CFR 1926.20(b)(1): A safety program was not developed and/or maintained to provide compliance with the general safety and health provisions of the standard:  (a)Ten Corp, Inc. at 14648 423rd Avenue, Bristol, SD 57219: On or about and at times prior to September 1, 2020, the controlling employer had not developed a safety and health program when employees and subcontractor employees were exposed to such hazards related to the construction of  post-to-truss cattle barn. This condition exposed employees to struck-by hazards, concrete placement hazards, and electrical hazards.   Abatement Note: Abatement certification is required for this item (see enclosed "Sample Abatement Certification Letter").  Abatement Note: A complete safety and health program includes the following elements:  (1)	Management Commitment and Leadership  (a)	Policy Statement: goals established, issued, and communicated to employees.  (b)	Program reviewed annually.  (c)	Participation in safety meetings, inspections; agenda item in meetings.  (d)	Safety rules and procedures incorporated into site operations.  (2)	Assignment of responsibility  (a)	Safety designee on site, knowledgeable and accountable.  (b)	Supervisor's (including foremen) safety and health responsibilities understood.  (c)	Employee adherence to safety rules.  (3)	Identification and Control of Hazards  (a)	Periodic site inspection program involving supervisors.  (b)	Preventative controls in place (PPE, maintenance, engineering controls).  (c)	Action taken to address hazards.  (d)	Safety committee, where appropriate.  (e)	Technical reference materials available.  (4)	Training and Education  (a)	Supervisors receive basic safety and health training.  (b)	Specialized training taken when needed.  (c)	Existence of an employee training program, which is ongoing and effective.  (5)	Recordkeeping and Hazard Analysis  (a)	Records maintained of employee illnesses/injuries and posted.  (b)	Supervisors perform accident investigations, determine causes, propose, corrective action.  (6)	First Aid and Medical Assistance  (a)	First aid supplies and medical services available.  (b)	Employees informed of medical results.  (c)	Emergency procedures and training, where necessary  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2021-01-27 00:00:00

Abate by

2021-02-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.20(b)(2):  The employer did not initiate and maintain an accident prevention program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person (i.e., a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them):  (a)Ten Corp, Inc. at 14648 423rd Avenue, Bristol, SD 57219: On or about and at times prior to September 1, 2020, the controlling employer did not ensure an accident prevention program was developed and implemented for the work environment to include regular inspections of the job-site, materials, and equipment; conducted by a competent person. Subcontractor employees were exposed to struck-by hazards involving unsafe operation involving telehandlers, boom lifts, scissors lifts and fall hazards as a result of installing steel corrugated roofing material on a post-to-truss cattle barn. This condition exposed subcontractor employees to struck-by and fall hazards.     Abatement Note: OSHA defines a "competent" person as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2021-01-27 00:00:00

Abate by

2021-02-23 00:00:00

Penalty

Initial $3121.00 · Current $3121.00

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  (a)Ten Corp, Inc. at 14648 423rd Avenue, Bristol, SD 57219: On or about and at times prior to September 1, 2020, the controlling and creating employer did not ensure subcontractor operators were trained in the operation of powered industrial trucks in that, operators were not trained in the use of a rough terrain forklifts prior to use. Two rough terrain forklifts were provided by the general contractor and used by subcontractor employees to lift corrugated steel decking material and a personnel to perform roofing activities without ensuring operators were trained prior to use. This condition exposed subcontractor employees to the hazard of improper forklift operation.   Abatement Note: Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace.  Abatement Note: The requirements applicable to construction work under 1926.602(d) are identical to those set forth at �1910.178(l) of this chapter.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2021-01-27 00:00:00

Abate by

2021-02-23 00:00:00

Penalty

Initial $4681.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR 1926.451(c)(2)(iv): Front-end loaders and similar pieces of equipment were used to support scaffold platforms without being specifically designed by the manufacturer for such use:  (a)Ten Corp, Inc. @ 14648 423rd Avenue, Bristol, SD 57219: On or about and at times prior to September 1, 2020, the controlling and creating employer did not ensure subcontractor employees were protected from serious injury by the use of an elevated work platform which was designed, constructed, and used in accordance with the requirements of the forklift manufacturer. The employer utilized the forklift platform to line up and secure 42-foot by 3-foot roof panels. The platform was not specifically designed to meet the ASME B56.6a-1994 requirements regarding the use of personnel on the platform. The platform was not equipped with adequate guardrails or a data plate identifying overall weight.  This condition exposed a subcontractor employee to a fall hazard of approximately 16 feet.  Abatement Note:  Preamble to Subpart L promulgated new paragraph (c)(2)(iv) & (v) in final rule to provide guidance. Added provision requires that in the case of fork-lifts, the entire scaffold platform be secured to the forklift.    Abatement Note: Among other methods, one feasible and acceptable abatement method to correct this hazard is to ensure that all platforms used for elevating personnel with a rough terrain forklift truck comply with the design requirements specified in ASME B56.6a-1994, American Society of Mechanical Engineers, "Safety Standards for Rough Terrain Forklift Trucks",  Section 8.25, Platforms for Elevating Personnel, in the following areas: (1)Paragraph (b) which states, "floor dimensions which shall not exceed two times the load center distance listed on the rough terrain forklift truck nameplate, measured parallel to the longitudinal center plane of the truck, nor have a length greater than the overall width of the truck measured across the load bearing tires plus 10 in. (250 mm) on either side. (2)Paragraph (f) which states, "information prominently indicated on the platform: (1) maximum work load including personnel and equipment; (2) weight of empty platform." The ASME B56.6-1994 Section 8.2.5 standard can be obtained by contacting the American Society of Mechanical Engineers, 345 East 4th Street, New York, NY  10017.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").