Inspection Type |
Unprog Rel
|
Scope |
Partial
|
Safety/Health |
Safety
|
Close Conference |
2020-03-02
|
Emphasis |
N: TRENCH
|
Case Closed |
2020-06-26
|
Related Activity
Type |
Complaint |
Activity Nr |
1548857 |
Safety |
Yes |
|
Type |
Inspection |
Activity Nr |
1466531 |
Safety |
Yes |
|
Violation Items
Citation ID |
01001A |
Citaton Type |
Serious |
Standard Cited |
19260651 J02 |
Issuance Date |
2020-03-27 |
Abatement Due Date |
2020-03-30 |
Current Penalty |
1446.0 |
Initial Penalty |
2892.0 |
Final Order |
2020-05-07 |
Nr Instances |
1 |
Nr Exposed |
2 |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
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: a) Excavation #1: On March 2, 2020 and at times prior thereto the controlling employer, Diamond Construction, created a hazard for the sub-contractor employees when rocks and construction materials were not removed from the sloped wall of the excavation or placed away from the top of the excavation so as not to pose a potential hazard by rolling or sliding into the excavation where the sub-contractor employees worked. Note) Certification of corrective action is required for this item. |
|
Citation ID |
01001B |
Citaton Type |
Serious |
Standard Cited |
19260651 K02 |
Issuance Date |
2020-03-27 |
Abatement Due Date |
2020-03-30 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2020-05-07 |
Nr Instances |
1 |
Nr Exposed |
4 |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1926.651(k)(2): Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety: a) Jobsite, excavation #1: On March 2, 2020 and at times prior thereto the competent person for the controlling employer, Diamond Construction, created a hazard by not having a clear path of egress from an excavation that the controlling employer had dug. The sub-contractor's employees were working in the excavation erecting wooden forms for a concrete irrigation box after the controlling employer had finished installing drainage pipes in the excavation. b) Jobsite, excavation #1: On March 2, 2020 and at times prior thereto the competent person for the controlling employer, Diamond Construction, created a hazard by not ensuring all excavated materials, or construction materials, that could roll or slide down the sloped wall, were removed or placed away from the top of the excavation. The sub-contractor's employees were working in the excavation erecting wooden forms for a concrete irrigation box after the controlling employer had finished installing drainage pipes in the excavation. c) Jobsite, excavation #3: On or about March 2, 2020 and at times prior thereto the controlling employer, Diamond Construction, did not ensure its sub-contractor protected their employees from excavated walls while building a concrete irrigation box in an excavation that the controlling employer had dug. The excavation was 6.4 to 7.4 feet deep, with 5.5 feet between the wooden concrete forms and the excavated walls. A cave-in protective system was not in place. Note) The competent person definition applicable to this subpart means one 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 authorization to take prompt corrective measures to eliminate them. Note) Certification of corrective actions are required for these items. |
|
Citation ID |
01002A |
Citaton Type |
Serious |
Standard Cited |
19260651 C02 |
Issuance Date |
2020-03-27 |
Abatement Due Date |
2020-03-30 |
Current Penalty |
1446.0 |
Initial Penalty |
2892.0 |
Final Order |
2020-05-07 |
Nr Instances |
1 |
Nr Exposed |
2 |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
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) Excavation #1: On March 2, 2020 and at times prior thereto the controlling employer, Diamond Construction, did not ensure its sub-contractor protected their employees by maintaining a clear path of egress out of an excavation that the controlling employer had dug. Sub-contractor employees had to climb on loose soil and rocks to get out of the excavation. Note) Certification of corrective action is required for this item. |
|
Citation ID |
01002B |
Citaton Type |
Serious |
Standard Cited |
19260652 A01 |
Issuance Date |
2020-03-27 |
Abatement Due Date |
2020-03-30 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2020-05-07 |
Nr Instances |
1 |
Nr Exposed |
3 |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
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) of this section: a) Excavation #3: On or before March 3, 2020 the controlling employer, Diamond Construction, did not ensure that its sub-contractor protected their employees while working in a 6.4 to 7.4 foot deep excavation to build a concrete irrigation box. The space between the near vertical excavated walls and the wooden forms was 5.5 feet. A cave-in protective system was not in place. Note) Abatement certification is required for this item. |
|
|
Inspection Type |
Complaint
|
Scope |
Partial
|
Safety/Health |
Health
|
Close Conference |
2019-01-14
|
Case Closed |
2019-09-13
|
Related Activity
Type |
Complaint |
Activity Nr |
1416838 |
Health |
Yes |
|
Violation Items
Citation ID |
01001A |
Citaton Type |
Serious |
Standard Cited |
19261153 C01 |
Issuance Date |
2019-03-21 |
Abatement Due Date |
2019-04-16 |
Current Penalty |
3978.0 |
Initial Penalty |
3978.0 |
Final Order |
2019-04-19 |
Nr Instances |
2 |
Nr Exposed |
4 |
Related Event Code (REC) |
Complaint |
Gravity |
10 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section. (a) On or about January 14, 2019; employees were generating visible clouds of dust containing silica while jackhammering cement. Feasible engineering controls include the use of a jackhammer equipped with a dust collection system or water delivery system. (b) On or about January 14, 2019; employees were using a handheld power saw to cut concrete. Feasible engineering controls include the use of an integrated water delivery system that continuously feeds water to the blade. NOTE: Abatement certification AND documentation are required for this item. |
|
Citation ID |
01001B |
Citaton Type |
Serious |
Standard Cited |
19261153 D02 I |
Issuance Date |
2019-03-21 |
Abatement Due Date |
2019-04-16 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2019-04-19 |
Nr Instances |
1 |
Nr Exposed |
4 |
Related Event Code (REC) |
Complaint |
Gravity |
10 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section: (a) On or about January 14, 2019; employees were generating visible clouds of dust containing silica while jackhammering cement. Feasible engineering controls include the use of a jackhammer equipped with a dust collection system or water delivery system. NOTE: Abatement certification AND documentation are required for this item. |
|
Citation ID |
01001C |
Citaton Type |
Serious |
Standard Cited |
19261153 G01 |
Issuance Date |
2019-03-21 |
Abatement Due Date |
2019-04-16 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2019-04-19 |
Nr Instances |
1 |
Nr Exposed |
4 |
Related Event Code (REC) |
Complaint |
Gravity |
10 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan: (a) On or about January 14, 2019; employees were generating visible clouds of dust containing silica while jackhammering cement. Feasible engineering controls include the use of a jackhammer equipped with a dust collection system or water delivery system. NOTE: Abatement certification AND documentation are required for this item. |
|
Citation ID |
01001D |
Citaton Type |
Serious |
Standard Cited |
19261153 G04 |
Issuance Date |
2019-03-21 |
Abatement Due Date |
2019-04-16 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2019-04-19 |
Nr Instances |
1 |
Nr Exposed |
4 |
Related Event Code (REC) |
Complaint |
Gravity |
10 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1926.1153(g)(4): The employer did not designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan. (a) On or about January 14, 2019; employees were generating visible clouds of dust containing silica while jackhammering cement. Feasible engineering controls include the use of a jackhammer equipped with a dust collection system or water delivery system. NOTE: Abatement certification AND documentation are required for this item. |
|
Citation ID |
01001E |
Citaton Type |
Serious |
Standard Cited |
19261153 E02 |
Issuance Date |
2019-03-21 |
Abatement Due Date |
2019-04-16 |
Current Penalty |
0.0 |
Initial Penalty |
3978.0 |
Final Order |
2019-04-19 |
Nr Instances |
2 |
Nr Exposed |
4 |
Related Event Code (REC) |
Complaint |
Gravity |
10 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134: (a) On or about January 14, 2019; employees were generating visible clouds of dust containing silica while jackhammering cement. (b) On or about January 14, 2019; employees were using a handheld power saw to cut concrete. NOTE: Abatement certification AND documentation are required for this item. |
|
Citation ID |
01001F |
Citaton Type |
Serious |
Standard Cited |
19261153 I02 I |
Issuance Date |
2019-03-21 |
Abatement Due Date |
2019-04-16 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2019-04-19 |
Nr Instances |
1 |
Nr Exposed |
4 |
Related Event Code (REC) |
Complaint |
Gravity |
10 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1926.1153(i)(2)(i): The employer did not ensure that each employee covered by this section can demonstrate knowledge and understanding of the health hazards associated with exposure to resirable crystalline silica; specific tasks in the workplace that could result in exposure to respirable crystalline silica; specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; the contents of this section: the identity of the competent person designated by the employer in accordance with paragraph (g)(4) of this section; and the purpose and a description of the medical surveillance program required by paragraph (h) of this section: (a) On or about January 14, 2019; employees were generating visible clouds of dust containing silica while jackhammering cement. Feasible engineering controls include the use of a jackhammer equipped with a dust collection system or water delivery system. NOTE: Abatement certification AND documentation are required for this item. |
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