OSHA Inspection: DEMA LANDSCAPE, LLC

Issued

2022-03-25 00:00:00

Penalty

Initial $4351.00 · Current $4000.00 Reduced

General-duty citation text

29 CFR OSH ACT of 1970 Section (5)(a)(1):  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 hazards:   Backyard of Single Family Residence at 21 John Cross Road,  Bedford Corners, NY:     On or about September 29, 2021, an employee (the chain saw operator) was exposed to hazard of being struck by an approximately 97-foot tall/26-inch wide tree.   The employee was situated within the danger zone where the tree could have fallen onto him as the notch cut made exceeded the one-third  the diameter of the tree; the depth of the notch cut and back cut made left an unsuitable amount of hinge wood to adequately control the directional fall of the tree; and the tree was pushed over with a Komatsu PC-200LC-8 Excavator from below center of gravity; which resulted in the tree being pushed off the stump, landing upright just in front of the stump and then falling in uncontrolled manor and in unexpected direction.

Issued

2022-03-25 00:00:00

Penalty

Initial $4351.00 · Current $2962.00 Reduced

General-duty citation text

29 CFR  1910.28(c):  When employees were exposed to falling objects the employer did not implement measures to prevent objects from falling from higher levels as set forth in (c)(1)-(3) of this section:    a)  21 John Cross Road, Bedford Corners, NY:   On or about 9/29/21, an employee who was standing and watching an approximately  97-foot tall/ 26-inch wide tree being felled was exposed to the hazard of getting struck by the tree and the employer did not implement the measures as required by the standard.  Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.