OSHA Inspection: BENFER'S CONSTRUCTION LLC

Issued

Apr 27, 2022

Abate by

Aug 15, 2022

Penalty

Initial $2,486 · Current $2,486

General-duty citation text

29 CFR  1910.184(d):Each day before being used, the sling and all fastenings and attachments were not being inspected for damage or defects by a competent person designated by the employer:  a. West 46 Canal Street, Dover PA - On or about December 21, 2021, prior to the start of work, the employer failed to inspect the wire ropes and hook of the winching device integrated into the clamp truck used to remove utility polls.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 27, 2022

Abate by

Aug 15, 2022

Penalty

Initial $14,502 · Current $10,007 Reduced

General-duty citation text

29 CFR  1910.268(c):The employer did not prepare employee training certification records which included the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed:  a. West 46 Canal Street, Dover PA - On or about December 21, 2021, the employer failed to train employees on the communication methods and policies required to safely lower poles and communicate understanding of the term "All Clear,"  employees were exposed to a struck by hazard.  b. West 46 Canal Street, Dover PA - On or about December 21, 2021, the employer failed to train employees on safe operation of the digger derrick and its operations in accordance with the manufacturers specification, employees were exposed to a struck by hazard.  c. West 46 Canal Street, Dover PA - On or about December 21, 2021, the employer did not train employees on the required use of hand and arm signals for lowering the load prescribed by ANSI B30.6-1969, "Safety Code for Derricks," employees were exposed to a struck by hazard.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 27, 2022

Abate by

Aug 15, 2022

Penalty

Initial $14,502 · Current $10,007 Reduced

General-duty citation text

29 CFR  1910.268(j)(4)(iv)(A): The employer failed to follow manufacturer's specifications, load ratings and instructions for derrick operation.   a. West 46 Canal Street, Dover PA - On or about December 21, 2021, Employees were exposed to a struck by hazard while working near a suspended 26 foot pine utility pole by the pole guides on a digger derrick and dropped in an uncontrolled manner.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 27, 2022

Abate by

Aug 15, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1904.7(b)(4)(xi):The employer did not record the number of days of restricted or transferred days on the OSHA 300 Log  a. Recordkeeping - The 2020 OSHA 300 log entry 2, was classified as a transfer or restriction however the number of days restricted or on transfer were not documented on the form 300.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 27, 2022

Abate by

Aug 15, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1904.32(b)(2)(ii):The annual summary did not include one or more of the following elements: the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log.  a. Recordkeeping - The 2021 OSHA 300-A form, does not include the average number of employees, or the total work hours.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 27, 2022

Abate by

Aug 15, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1904.32(b)(4):The company executive who certified the log was not: an owner of the company, officer of the corporation, highest ranking company official, or the immediate supervisor of the highest ranking company official:  a. Recordkeeping - The 2021 OSHA 300-A form, was not signed by the highest ranking company official.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.  CSHO called and spoke with Amber Kilgus on February 16, 2022, and discussed her concerns about Recordkeeping.