OSHA Inspection: MICHAEL DISTASIO

Issued

Oct 21, 2021

Abate by

Oct 27, 2021

Penalty

Initial $4,096 · Current $3,277 Reduced

General-duty citation text

29 CFR  1926.20(b)(4):The employer did not ensure that the employee(s) required to operate equipment and machinery was qualified by training or experience.  Location - 315 Winchester St. Newton  On or about May 6, 2021, the employer did not ensure that an employee operating a mini excavator was properly trained/licensed.

Issued

Oct 21, 2021

Abate by

Oct 27, 2021

Penalty

Initial $4,096 · Current $3,277 Reduced

General-duty citation text

29 CFR  1926.651(i)(1): Where the stability of adjoining buildings, walls, or other structures was endangered by excavation operations, support systems such as shoring, bracing or underpinning was not provided to ensure the stability of such structures for the protection of employees.  Location - 315 Winchester St. Newton, Ma  On or about May 6, 2021, the employer did not ensure that a concrete wall that had failed had all load baring pressure removed and the wall shored, before instructing employees to excavate the wall.

Issued

Oct 21, 2021

Abate by

Oct 27, 2021

Penalty

Initial $4,096 · Current $3,277 Reduced

General-duty citation text

29 CFR  1926.651(j)(2):Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.  Location - 315 Winchester St. Newton, Ma  On or about May 6, 2021, spoils piles were not  placed two feet back from the excavation and soil was not removed from the interior of the foundation as it was placing lateral forces on the damaged foundation.

Issued

Oct 21, 2021

Abate by

Oct 27, 2021

Penalty

Initial $4,096 · Current $3,277 Reduced

General-duty citation text

29 CFR  1926.651(k)(2): Where the competent person found evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety.  Location - 315 Winchester St. Newton, Ma  On or about May 6, 2021, the employer did not ensure that a competent person took necessary precautions to remove employees from a compromised excavated wall area. The wall was not secure to prevent the wall from falling into the excavation or onto employees near the wall.