OSHA Inspection: WENGER CONSTRUCTION & EXCAVATING LLC

Issued

2023-10-25 00:00:00

Abate by

2023-12-08 00:00:00

Penalty

Initial $15625.00 · Current $9375.00 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 in that employees were exposed to struck-by and crushing hazards.  On or about July 19, 2023, employees of Wenger Construction & Excavating LLC, performing work at  2876 County Road 210 Fremont OH 43420, were exposed to struck-by and/or crushing hazards while working near and around the Link-Belt LBX Excavator Model# 130LX S/N# K1J5-0012.  The employer did not ensure safe working conditions when operating the excavator in reverse.    Among other methods, one feasible and acceptable means of abatement would be to;  1.) Follow the Association of Equipment Manufacturers (AEM) for the Hydraulic Excavator and  identify the location of other personnel and machines; clean windshields to maintain clear vision;  set up safety barriers to the sides and rear of the excavator's swing patterns to prevent anyone from walking into the working area; and do not allow anyone to stand within the operating work radius of the machine.  2.) Follow the operators manual for the Link-Belt LBX Excavator (Model: 130LX - S/N: K1J5-0012), and ensure that all windows are clean, be alert and always know the location of workers in your area, keep all other persons completely away from your machine, before undertaking any operation make sure the rear view mirror is clean and properly adjusted.     3.) Follow the requirements listed in 29 CFR 1926.602 and ensure that the excavator is equipped with a functioning travel indicator alarm when the machine is traveling in reverse gear.   4.) Develop a Standard Operating Procedure, and provide training to employees, specific to operations when the excavator is traveling in reverse gear including requirements for the spotter and its requirements to inform the operator and workers onsite of any and all hazards associated with working near and around excavators and other heavy equipment onsite.   This policy must provide for identifying safe location where the spotters could observe the machine, operation, workers onsite and provide hand signals, or verbal instructions to the operator or use telecommunication devices (e.g. two-way radio, telephone, etc.). Provide and ensure that the spotter wear high-visibility safety apparel that meets and is labeled with the Performance Class 3 ANSI/ISEA 107-2004.

Issued

2023-10-25 00:00:00

Abate by

2024-01-22 00:00:00

Penalty

Initial $4465.00 · Current $2679.00 Reduced

General-duty citation text

29 CFR  1926.20(b)(1):The employer did not initiate and maintain accident prevention programs as necessary to comply with this part:  On or about July 19, 2023 the employer Wenger Construction & Excavating LLC, at worksite located at 2876 County Road 210 Fremont OH 43420, did not have a plan or a program to identify job site hazards which assists employees in maintaining a safe working environment. Such programs would support the employer and employees in identifying and avoiding potential hazards such as struck-by and moving equipment hazards during job site operations, decreasing the probability of employee injury or illness.

Issued

2023-10-25 00:00:00

Abate by

2024-01-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.454(a):The employer did not have each employee who performed work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards:  On or about July 19, 2023 the employer Wenger Construction & Excavating LLC, at worksite located at 2876 County Road 210 Fremont OH 43420, did not have each employee who performed work while on a Genie S-60 Aerial lift (S/N: GB0689)  trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards. Such programs would support the employer and employees in identifying and avoiding potential hazards such as falls and struck by hazards during job site operations, decreasing the probability of employee injury or illness.

Issued

2023-10-25 00:00:00

Abate by

2023-12-08 00:00:00

Penalty

Initial $5358.00 · Current $3214.00 Reduced

General-duty citation text

29 CFR  1926.95(a): Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, were not provided:  Instance A: On or about July 19, 2023 the employer Wenger Construction & Excavating LLC, at worksite located at 2876 County Road 210 Fremont OH 43420, did not ensure that each affected employee used appropriate personal protective equipment, including chainsaw protective chaps.  Employees were exposed to laceration hazards, and struck by hazards while performing tree felling and chainsaw operations.   Instance B: On or about July 19, 2023 the employer Wenger Construction & Excavating LLC, at worksite located at 2876 County Road 210 Fremont OH 43420, did not ensure that each affected employee used appropriate personal protective equipment, including steel toed shoes/protective footwear.  Employees were exposed to laceration, struck by, and falling or rolling object hazards while performing tree felling brand chainsaw operations, and while working in the vicinity of heavy equipment.

Issued

2023-10-25 00:00:00

Abate by

2023-12-08 00:00:00

Penalty

Initial $5358.00 · Current $3214.00 Reduced

General-duty citation text

29 CFR  1926.100(a):Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns:  On or about July 19, 2023 the employer Wenger Construction & Excavating LLC, at worksite located at 2876 County Road 210 Fremont OH 43420, did not ensure that employees were protected from head injury hazards by protective hardhats while working directly around heavy equipment, and around tree felling operations which presented overhead and lateral struck by hazards.

Issued

2023-10-25 00:00:00

Abate by

2023-12-08 00:00:00

Penalty

Initial $5358.00 · Current $3214.00 Reduced

General-duty citation text

29 CFR  1926.102(a)(1): The employer did not ensure that each affected employee used appropriate eye or face protection when exposed to eye or face hazards from flying particles:  On or about July 19, 2023 the employer Wenger Construction & Excavating LLC, at worksite located at 2876 County Road 210 Fremont OH 43420, did not ensure that each affected employee used appropriate eye or face protection when performing tree felling and cutting activities while exposed to potential struck by hazards (flying particles/debris) while using chain saws including gasoline powered chain saws.

Issued

2023-10-25 00:00:00

Abate by

2023-12-08 00:00:00

Penalty

Initial $4465.00 · Current $2679.00 Reduced

General-duty citation text

29 CFR  1926.453(b)(2)(v):A body belt was not worn and/or a lanyard was not attached to the boom or basket when working from an aerial lift: Note:  As of January 1, 1998, subpart M of this part (1926.502(d)) provides that body belts are not acceptable as part of a personal fall arrest system.  The use of a body belt in a tethering system or in a restraint system is acceptable and is regulated:  On or about July 19, 2023 the employer Wenger Construction & Excavating LLC, at worksite located at 2876 County Road 210 Fremont OH 43420, did not ensure that employee(s) operating a Genie S-60 Aeriel lift (S/N: GB0689) mobile scaffold donned and secured their personal fall arrest systems before operating the aerial lift. Employees performing tree trimming and felling work activities including siding and roofing on a commercial storage structure were exposed to falls from heights to the ground below which consisted of grass, gravel and tree debris.