OSHA Inspection: WESTERN NY CONCRETE CORP.

Issued

Feb 18, 2022

Abate by

Mar 15, 2022

Penalty

Initial $3,315 · Current $2,800 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 was 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, caught between, crushing and fire hazards:  a) On or about 9/14/2021, at the site located at 638 East Main Street, Batavia, NY. Employees operated a Trojan 3000 front-end loader to load sand/aggregate from ground levels to conveyor belt to feed sand/aggregate bins in the third floor for ready-mix concrete, and were exposed to hazards related to operation of the machine such as, but not limited to, struck by, caught between, crushing and fire hazards. The employer did not instruct the employees who operated the front-end loader in the recognition and avoidance of such hazards.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 18, 2022

Penalty

Initial $5,801 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.28(b)(6)(i): The employer did not ensure that each employee less than 4 feet (1.2 m) above dangerous equipment is protected from falling into or onto the dangerous equipment by a guardrail system or a travel restraint system, unless the equipment is covered or guarded to eliminate the hazard.   a) On or about 9/14/2021, at the third floor sand/aggregate bin area of the site located at 638 East Main Street, Batavia, NY. Employees, who worked in the open-sided floor area or in the cross beam area, were not protected from falling into the unguarded sand/aggregate bins below. Employees were exposed to entrapment and asphyxiation hazards.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Feb 18, 2022

Abate by

Mar 15, 2022

Penalty

Initial $5,801 · Current $4,450 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) On or about 9/14/2021, at the third floor sand bin area of the site located at 638 East Main Street, Batavia, NY. The employer did not conduct an evaluation of the ready-mix concrete batching plant operation, that included sand/aggregate bins, conveyor belts, and weighing scales to determine if permit-required confined spaces existed.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 18, 2022

Abate by

Mar 8, 2022

Penalty

Initial $5,801 · Current $4,450 Reduced

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) On or about 9/14/2021, at the third floor sand bin area of the site located at 638 East Main Street, Batavia, NY. 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 permit-required confined spaces such as, but not limited to, sand/aggregate bins used for ready-mix concrete batching operations.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 18, 2022

Penalty

Initial $5,801 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(c)(3):When the employer decided its employees would not enter permit spaces, the employer did not take effective measures to prevent its employees from entering the permit spaces:  a) On or about 9/14/2021, at the third floor sand bin area of the site located at 638 East Main Street, Batavia, NY. The employer did not take effective measures to prevent its employees from entering the permit required confined spaces such as, but not limited to, sand/aggregate bins by installing physical barriers/guardrails around the confined space areas.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Feb 18, 2022

Penalty

Initial $4,144 · Current $3,200 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) On or about 9/14/2021, at the third floor sand bin area of the site located at 638 East Main Street, Batavia, NY. Conveyor belts, both the main belt and the lower belt, were not guarded to prevent hazards from ingoing nip points and rotating parts.  NO ABATEMENT CERTIFICATION REQUIRED