OSHA Inspection: A&K CONSTRUCTION, LLC

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $3,349 · Current $2,345 Reduced

General-duty citation text

29 CFR 1926.20(b)(2): The employer did not initiate and maintain a safety program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure an accident prevention program was developed and implemented for the work environment to include regular inspections of the jobsite, materials, and equipment; conducted by a competent person. Employees were conducting various construction operations on a commercial property without the use of a fall protection systems, were using personnel lifting platforms which were not properly certified safe to use for personnel occupancy while being hoisted and moved by a non-certified crane operator who was performing lifts, and a lack of properly trained or certified forklift operators.  This condition exposed employees to fall and struck-by hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $2,009 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure employees utilized protective head covers while exposed to such hazards as, but not limited to, unstable personnel lifting platform structures, rigging equipment, and tools.  This condition exposed employees to struck-by hazards while working directly adjacent to and below millwright and various construction repair activities.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $2,009 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.178(l)(2)(ii): The employer did not ensure that each operator had successfully completed the training consisting of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure that employees operating the Bobcat skid steer, model: 773 Powered Industrial Vehicle ("PIV") with fork attachments being used for lifting materials on site, had successfully completed the required training prior to operating the PIV.  This condition exposed employees to struck-by hazards associated with improper use of the Bobcat skid steer PIV.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $4,688 · Current $3,282 Reduced

General-duty citation text

29 CFR 1926.501(b)(1): Each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems:   (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure that employees were protected from falls while conducting millwright and other construction operations on a commercial structure. This condition exposed the employees to fall hazards greater than six feet.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(b)(1):The employer did not verify fall protection training by preparing a written certification record:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure that employees were properly trained and documentation of that training was maintained by a written certification.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $4,688 · Current $3,282 Reduced

General-duty citation text

29 CFR 1926.1412(d)(1): The employer did not ensure that a competent person conducted a visual inspection prior to each shift on the equipment that will be used:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure a competent person conducted a visual inspection prior to each shift covering the Manitex, Inc. Mobile Crane, model number: 2592. This condition exposed employees to struck-by hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1412(e)(3)(i): Monthly inspections were not documented and maintained by the employer that conducts the inspection:   (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure a competent person conducted and documented monthly inspections covering the Manitex, Inc. Mobile Crane, model number: 2592. This condition exposed employees to struck-by hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1412(f)(1): The equipment was not inspected at least every 12 months by a qualified person in accordance with paragraph (d) of this section:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure a qualified person conducted an annual inspection every 12 months covering the Manitex, Inc. Mobile Crane, model number: 2592. This condition exposed employees to struck-by hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $4,688 · Current $3,282 Reduced

General-duty citation text

29 CFR 1926.1417(b)(1): The employer did not develop procedures to ensure the safe operation of the equipment and did not have a Registered Professional Engineer develop procedures relative to the safe working capacity of the equipment:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure the personnel lifting platform complied with all the manufacturer's procedures including, among others, developed procedures relative to safe working capacity of equipment designed and certified by a Registered Professional Engineer. This condition exposed employees to struck-by and fall hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $4,688 · Current $3,282 Reduced

General-duty citation text

29 CFR  1926.1427(a): General requirements for operators. The employer did not ensure that each operator is trained, certified/ licensed, and evaluated in accordance with this section before operating any equipment covered under subpart CC, except for the equipment listed in paragraph (a)(2) of this section:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure that the operator of the Manitex, Inc. Mobile Crane, model number: 2592, was trained, certified/licensed, and evaluated prior to operating the Manitex mobile crane.  This condition exposed employees to struck-by hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $2,679 · Current $1,708 Reduced

General-duty citation text

29 CFR 1926.1431(e)(10): In addition to the use of hard hats, employees were not protected by overhead protection on the personnel platform when employees were exposed to falling objects, and/or the platform overhead protection obscured the view of the operator or platform occupants (such as wire mesh that has up to ? inch openings):  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure employees were protected by overhead protection on the employer's homemade personnel platform when employees were exposed to falling objects such as unstable personnel lifting platform structures, rigging equipment, and tools. This condition exposed employees to struck-by hazards while working within the personnel basket.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1431(e)(12): The weight of the platform and its rated capacity were not conspicuously posted on the platform with a plate or other permanent marking:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure the weight of the platform and its rated capacity was conspicuously posted on the platform with a plate of other permanent marking. This condition exposed employees to struck-by and fall hazards while working directly within the personnel basket.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1431(h)(1): The trial lift was not performed with the anticipated lift-weight of the unoccupied personnel platform from the ground level and each location where the platform was to be hoisted and positioned:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure a trial lift was performed with the anticipated lift-weight of the unoccupied personnel platform and associated equipment from the ground level and each location where the platform was to be hoisted and positioned. This condition exposed employees to fall and struck-by hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1431(j)(1): The platform was not proof tested to 125 percent of the platforms rated capacity prior to hoisting employees on the personnel platform:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure the platform was proof tested to 125 percent of the platforms rated capacity prior to hoisting employees on the personnel platform. This condition exposed employees to struck-by and fall hazards.

Issued

Nov 28, 2023

Abate by

Dec 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1431(k)(10)(i): Except over water, employees occupying the personnel platform were not provided nor did they use a personal fall arrest system. The system must be attached to a structural member within the personnel platform:  (a)A&K Construction, LLC at 25351 National Avenue, Plankinton, SD 57368: On or about and at times prior to July 14, 2023, the employer did not ensure the employees occupying the personnel platform were provided with fall protection and did not ensure employees used a personal fall arrest system attached to a structural member while conducting millwright operations on a commercial property. No fall protection system was attached to a structural member within the personnel platform which exposed employees to fall hazards.