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Inspection Detail
Note: The following inspection has not been indicated as closed. OSHA citation items will be posted 30 (thirty) days after the employer receives the citation(s), except in cases of significant public interest. Posted citation items reflect any amendments to citations that are the result of a prompt settlement, which OSHA encourages. Employers and employee representatives will continue to receive copies of the citation(s) upon issuance.
Inspection: 1312682.015 - Mark Lee And Yong Kay, Inc.
Inspection Information - Office: Oakland District Office
Site Address:
Mark Lee And Yong Kay, Inc.
201 Hegenberger Rd
Oakland, CA 94621
Mailing Address:
4026 Martin Luther King Jr. Way, Oakland, CA 94609
Union Status: NonUnion
SIC:
NAICS: 237110/Water and Sewer Line and Related Structures Construction
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 10/16/2018
Emphasis:
Case Closed:
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 1333215 | ||
| Inspection | 1315391 | Yes |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 3 | 1 | 5 | 9 | ||
| Current Violations | 3 | 1 | 5 | 9 | ||
| Initial Penalty | $43,200 | $94,500 | $0 | $3,375 | $0 | $141,075 |
| Current Penalty | $21,510 | $54,905 | $0 | $1,800 | $0 | $78,215 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Other | 1509(E) | 10/19/2018 | 11/15/2018 | $675 | $675 | $0 | 12/18/2018 | O - Administrative Law Judge Order | |
| 2. | 01002 | Other | 1512(B) | 10/19/2018 | $0 | $675 | $0 | 12/18/2018 | O - Administrative Law Judge Order | ||
| 3. | 01003 | Other | 3385(A) | 10/19/2018 | 11/15/2018 | $450 | $675 | $0 | 12/18/2018 | O - Administrative Law Judge Order | |
| 4. | 01004 | Other | 3395(H)(1) | 10/19/2018 | 11/15/2018 | $0 | $675 | $0 | 12/18/2018 | O - Administrative Law Judge Order | |
| 5. | 01005 | Other | 3395(I) | 10/19/2018 | 11/15/2018 | $675 | $675 | $0 | 12/18/2018 | O - Administrative Law Judge Order | |
| 6. | 02001 | Serious | 1509(A) | 10/19/2018 | 11/15/2018 | $8,100 | $12,150 | $0 | 12/18/2018 | O - Administrative Law Judge Order | |
| 7. | 03001 | Serious | 1541(K)(1) | 10/19/2018 | $810 | $12,150 | $0 | 12/18/2018 | O - Administrative Law Judge Order | ||
| 8. | 04001 | Willful | 15410001 G | 10/19/2018 | $54,905 | $94,500 | $0 | 12/18/2018 | O - Administrative Law Judge Order | ||
| 9. | 05001 | Serious | 5049(D) | 10/19/2018 | $12,600 | $18,900 | $0 | 12/18/2018 | O - Administrative Law Judge Order |
Investigation Summary
At 3:30 p.m. on April 27, 2018, an employee was inside an engineered trench box/shoring system and was compacting fill at about 4 feet deep. A coworker attached a bridal chain from a CAT 420D pick point so that a linear rail could be lifted out with a backhoe. The backhoe was not large enough to remove the rail and the hook and chain slackened so additional bridal legs could be attached. The rail spun around and the safety latch on the hook broke, allowing the rail to fall into the trench box and striking the employee in the head, killing him.
Keywords: Falling Object, Head, Rail, Struck By, Trench Box
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1312682.015 | 47 | M | Fatality | Construction Laborer |