OSHA Inspection: SMITH BOYS BUFFALO HARBOR, INC

Issued

Aug 28, 2023

Abate by

Sep 28, 2023

Penalty

Initial $4,688 · Current $3,000 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 were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees exposed to crushing hazards:   a) On or about 7/12/2023 at the site of Smith Boys Buffalo Harbor Maintenance Building, 329 Erie St; an employee was operating a power industrial vehicle: Clark Lift, Model No. C500 YS80 Serial No. Y6850051 6165, forklift truck with the cab doors open, and without the use of seatbelt, when the employee reached outside of the forklift truck and fell out of the cab, causing his lower legs to be run over and crushed by the vehicle.   ABATEMENT DOCUMENTATION REQUIRED

Issued

Aug 28, 2023

Abate by

Sep 28, 2023

Penalty

Initial $4,688 · Current $3,000 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) On or about 7/12/2023 at the site of Smith Boys Buffalo Harbor Maintenance Building, 329 Erie St; an employee was struck/crushed by a powered industrial vehicle (PIV) when operating equipment without being trained and evaluated on the safe operation for the work environment. Employees were exposed to struck/crushed by hazards when operating PIVs such as but not limited to; Clark Lift Model No. C500 YS80 Serial No. Y6850051 6165, to move materials on the worksite.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Aug 28, 2023

Abate by

Sep 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(6):The employer did not certify that each operator had been trained and evaluated as required by paragraph (l) through a certification that included the name of the operator, the date of the training, that date of evaluation, and the identity of the person(s) performing the training or evaluation:  a) On or about 7/12/2023 at the site of Smith Boys Buffalo Harbor Maintenance Building, 329 Erie St; Employer did not have certifications that employees were trained on the safe driving of Power Industrial Vehicles (PIVs) and evaluated (road test) in the specific conditions of the worksite. PIV operators were exposed to struck/crushed by hazards when driving PIVs such as but not limited to; Clark Lift Model No. C500 YS80 Serial No. Y6850051 6165, to move materials on the worksite.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Aug 28, 2023

Abate by

Sep 28, 2023

Penalty

Initial $4,018 · Current $3,000 Reduced

General-duty citation text

29 CFR  1910.178(q)(7): Industrial trucks were not examined before being placed in service:  a) On or about 7/12/2023 at the site of Smith Boys Buffalo Harbor Maintenance Building, 329 Erie St; Employees were exposed to struck/crushed by hazards when powered industrial vehicle such as, but not limited to; Clark Lift Model No. C500 YS80 Serial No. Y6850051 6165, were placed into service without daily inspections. Inspections could have shown lack of safety devices such as, seat belts and operator cage doors that were held back with a bungee cord.  ABATEMENT CERTIFICATION REQUIRED