OSHA Inspection: J MEDINA CONSTRUCTION, INC.

Issued

Dec 8, 2023

Abate by

Jan 5, 2024

Penalty

Initial $2,679 · Current $1,550 Reduced

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  a) Empty lot behind 105 N Grant Street, Wilkes Barre, PA 18702: On or about September 19, 2023, employees worked within an excavation exceeding five (5) feet in depth without being provided training on the recognition and avoidance of hazards specific to working within excavations.  Abatement certification required.

Issued

Dec 8, 2023

Abate by

Dec 20, 2023

Penalty

Initial $2,679 · Current $1,550 Reduced

General-duty citation text

29 CFR 1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees:  a) Empty lot behind 105 N Grant Street, Wilkes Barre, PA 18702: On or about September 19, 2023, employees were exposed to engulfment hazards due to a lack of a safe means of egress within 25 feet of lateral movement while in an excavation that was more than five (5) feet deep.  Abatement certification required.

Issued

Dec 8, 2023

Abate by

Dec 20, 2023

Penalty

Initial $4,018 · Current $2,400 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations, or by a combination of both if necessary.  a) Empty lot behind 105 N Grant Street, Wilkes Barre, PA 18702: On or about September 19, 2023, employees were exposed to cave-in hazards while working in an excavation due to an excavator and spoil piles being present on the edge of the excavation.  Abatement certification required.

Issued

Dec 8, 2023

Abate by

Dec 20, 2023

Penalty

Initial $4,018 · Current $2,400 Reduced

General-duty citation text

29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.      a) Empty lot behind 105 N Grant Street, Wilkes Barre, PA 18702: On or about September 19, 2023, employees working in an excavation that exceeded five (5) feet in depth were exposed to cave in hazards due to a lack of any competent person inspecting the excavation each day.  Abatement certification required.

Issued

Dec 8, 2023

Abate by

Dec 20, 2023

Penalty

Initial $4,018 · Current $2,400 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c).  a) Empty lot behind 105 N Grant Street, Wilkes Barre, PA 18702: On or about September 19, 2023, employees were exposed to cave in hazards due to a lack of any protective system, sloping, or benching in an excavation that exceed five (5) feet in depth.  Abatement certification required.

Issued

Dec 8, 2023

Abate by

Dec 20, 2023

Penalty

Initial $2,009 · Current $1,200 Reduced

General-duty citation text

29 CFR 1926.1053(b)(4): Ladder(s) were used for purposes other than the purpose for which they were designed:  a) Excavation: On or about September 19, 2023, employees were exposed to fall hazards due to a portable, self-supporting folding ladder being used to enter and exit an excavation while it remained in the folded position.  Abatement certification required.