OSHA Inspection: BYERS INDUSTRIAL SERVICES, LLC

Issued

May 31, 2023

Penalty

Initial $3,349 · Current $3,349

General-duty citation text

29 CFR  1926.102(a)(2): The employer did not ensure that each affected employee used eye protection that provided side protection when there is a hazard from flying objects.  a) On or about 12/2/2022 CSHO observed Employees operating a pneumatic jackhammer, without eye protection, to modify roadway surfaces where the hammering action created flying object/ debris hazards during roadway construction/modification.

Issued

May 31, 2023

Penalty

Initial $3,349 · Current $3,349

General-duty citation text

29 CFR  1926.200(g)(1): Construction areas were not posted with legible traffic signs at points of hazards:   a) On or about 12/2/2022 CSHO observed a lane closure on North Saulsbury Road and Walker Road, Dover, DE 19901 - Employees worked in the live lane attempting to work as flaggers for traffic control and to jackhammer concrete where legible traffic signs were not posted at the point of hazard (operation/closure) according to the Federal Highway Administration's Manual on Uniform Traffic Control Devices, 2009 Edition at section 6E.08 which requires "Except in emergency situations, flagger stations shall be preceded by an advance warning sign or signs." no flagger ahead signs were posted on the Southbound lanes of Salsbury Road.

Issued

May 31, 2023

Penalty

Initial $3,349 · Current $3,349

General-duty citation text

29 CFR  1926.201(a): 29 CFR 1926.201(a): Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers did not conform to Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) Millennium Edition Section 6E.03 (Hand-Signaling Devices):   a) On or about 12/2/2022 CSHO observed a lane closure on North Saulsbury Road and Walker Road, Dover, DE 19901 - Employees worked in the live lane attempting to work as flaggers for traffic control while other employees jackhammered concrete without a high visibility vest that complied with the Federal Highway Administration's Manual on Uniform Traffic Control Devices, 2009 Edition at section 6E.02 which requires "For daytime and nighttime activity, flaggers shall wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 publication entitled "American National Standard for High-Visibility Apparel and Headwear" (see Section 1A.11) and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure. The apparel background (outer) material color shall be fluorescent  range-red, fluorescent yellow-green, or a combination of the two as defined in the ANSI standard. The retroreflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors, and shall be visible at a minimum distance of 1,000 feet. The retroreflective safety apparel shall be designed to clearly identify the wearer as a person."   b) On or about 12/2/2022 CSHO observed a lane closure on North Saulsbury Road and Walker Road, Dover, DE 19901 - Employees worked in the live lane attempting to work as flaggers for traffic control while other employees jackhammered concrete while attempting to control traffic from two different directions and not following the required procedures in the Federal Highway Administration's Manual on Uniform Traffic Control Devices, 2009 Edition at section 6E.07 and Figure 6E-3 which requires "Flaggers shall use a STOP/SLOW paddle, a flag, or an Automated Flagger Assistance Device (AFAD) to control road users approaching a TTC zone. The use of hand movements alone without a paddle, flag, or AFAD to control road users shall be prohibited except for law enforcement personnel or emergency responders at incident scenes as described in Section 6I.01.  The following methods of signaling with paddles shall be used:  A. To stop road users, the flagger shall face road users and aim the STOP paddle face toward road users in a stationary position with the arm extended horizontally away from the body. The free arm shall be held with the palm of the hand above shoulder level toward approaching traffic.  B. To direct stopped road users to proceed, the flagger shall face road users with the SLOW paddle face aimed toward road users in a stationary position with the arm extended horizontally away from the body. The flagger shall motion with the free hand for road users to proceed.  C. To alert or slow traffic, the flagger shall face road users with the SLOW paddle face aimed toward road users in a stationary position with the arm extended horizontally away from the body."  c) On or about 12/2/2022 CSHO observed a lane closure on North Saulsbury Road and Walker Road, Dover, DE 19901 - Employees worked in the live lane attempting to work as flaggers for traffic control while other employees jackhammered concrete while attempting to control traffic without the  use a STOP/SLOW paddle, a flag, or an Automated Flagger Assistance Device (AFAD) and not following the required procedures in the Federal Highway Administration's Manual on Uniform Traffic Control Devices, 2009 Edition at section 6E.07 and Figure 6E-3 which requires "Flaggers shall use a STOP/SLOW paddle, a flag, or an Automated Flagger Assistance Device (AFAD) to control road users approaching a TTC zone. The use of hand movements alone without a paddle, flag, or AFAD to control road users shall be prohibited except for law enforcement personnel or emergency responders at incident scenes as described in Section 6I.01.  The following methods of signaling with paddles shall be used:  A. To stop road users, the flagger shall face road users and aim the STOP paddle face toward road users in a stationary position with the arm extended horizontally away from the body. The free arm shall be held with the palm of the hand above shoulder level toward approaching traffic.  B. To direct stopped road users to proceed, the flagger shall face road users with the SLOW paddle face aimed toward road users in a stationary position with the arm extended horizontally away from the body. The flagger shall motion with the free hand for road users to proceed.  C. To alert or slow traffic, the flagger shall face road users with the SLOW paddle face aimed toward road users in a stationary position with the arm extended horizontally away from the body."