OSHA Inspection: WESTERN NY SEALING & PAVING

Issued

2024-03-04 00:00:00

Abate by

2024-03-21 00:00:00

Penalty

Initial $6452.00 · Current $4839.00 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 exposed to struck by hazards:   a) On or about 09/13/2023, at a public roadway located on 2863 Chili Avenue, Rochester, New York, employees were exposed to fatal struck by hazards from vehicles traveling along a public roadway during the sealing of a residential driveway when the employer did not  provide training on how to safely work next to motor vehicle traffic. An employee standing at the back of a trailer filling buckets with driveway sealant was struck from behind by a passenger vehicle traveling east of Chili Avenue. Workers having specific Temporary Traffic Control (TTC) responsibilities were not trained in TTC techniques, device usage, and placement of traffic control devices, such as, but not limited to: traffic signs, road surface markings and signals.   NO ABATEMENT CERTIFICATION  REQUIRED  b) On or about 09/13/2023, during the sealing  of a residential driveway and along a public roadway located on 2863 Chili Avenue, Rochester, New York, employees were exposed to fatal struck by hazards when the employer did not have any advance warning methods such as, but not limited to: caution signs, traffic cones or signaling, to alert traffic of the work taking place and work vehicles parked on the shoulder and in the lane of travel.     ABATEMENT DOCUMENTATION REQUIRED  c) On or about 09/13/2023, during the sealing of a residential driveway and along a public roadway located on 2863 Chili Avenue, Rochester, New York, employees were exposed to fatal struck by hazards when the employer did not provide and enforce the use of high visibility Class 2 or Class 3 vests ( ANSI/ISEA 107-2004 ) to protect employees working roadside in and around work vehicles parked on the shoulder and in the lane of travel. Employees were using company t-shirts when an employee standing at the back of a trailer filling buckets with driveway sealant was struck from behind by a passenger vehicle traveling east on Chili Avenue.  NO  ABATEMENT DOCUMENTATION REQUIRED  d) On or about 09/13/2023, during the sealing  of a residential driveway and along a public roadway located on 2863 Chili Avenue, Rochester, New York, employees were exposed to struck by hazards when the employer used vehicle hazard warning signals instead of a vehicle with high intensity, rotating, flashing, oscillating or strobe lights to protect employees working roadside in and around work vehicles parked on the shoulder and in the lane of travel.    ABATEMENT DOCUMENTATION REQUIRED

Issued

2024-03-04 00:00:00

Penalty

Initial $4610.00 · Current $3458.00 Reduced

General-duty citation text

29 CFR  1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, the employer did not report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.   a)  On 09/13/2023,  where an employee died after being struck by a passenger vehicle during a residential driveway sealing project.  The employer did not notify the Occupational Safety and Health Administration (OSHA), of the employee's death within 8 hours.  OSHA became aware of this fatality from a local media report on 09/14/2023.  NO ABATEMENT CERTIFICATTION REQUIRED