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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: 1594145.015 - Cuevas Lumber & Fence, Inc.
Inspection Information - Office: Fremont District Office
Site Address:
Cuevas Lumber & Fence, Inc.
1206 Lennon Way
San Jose, CA 95125
Mailing Address:
558 Kings Crossway, San Jose, CA 95136
Union Status: NonUnion
SIC:
NAICS: 238990/All Other Specialty Trade Contractors
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 09/21/2022
Emphasis:
Case Closed:
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 1891441 | ||
| Inspection | 1595233 | Yes | |
| Inspection | 1595259 | Yes |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 3 | 5 | 8 | |||
| Current Violations | 3 | 5 | 8 | |||
| Initial Penalty | $26,550 | $0 | $0 | $2,750 | $0 | $29,300 |
| Current Penalty | $26,550 | $0 | $0 | $2,750 | $0 | $29,300 |
| 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(A) | 09/22/2022 | $550 | $550 | $0 | Z - Issued | |||
| 2. | 01002 | Other | 1509(B) | 09/22/2022 | $550 | $550 | $0 | Z - Issued | |||
| 3. | 01003 | Other | 3205(C) | 09/22/2022 | $550 | $550 | $0 | Z - Issued | |||
| 4. | 01004 | Other | 3395(H)(1) | 09/22/2022 | $550 | $550 | $0 | Z - Issued | |||
| 5. | 01005 | Other | 3395(I) | 09/22/2022 | $550 | $550 | $0 | Z - Issued | |||
| 6. | 02001 | Serious | 1598(C) | 09/22/2022 | $4,950 | $4,950 | $0 | Z - Issued | |||
| 7. | 03001 | Serious | 1510(B) | 09/22/2022 | $10,800 | $10,800 | $0 | Z - Issued | |||
| 8. | 04001 | Serious | 1592(E) | 09/22/2022 | $10,800 | $10,800 | $0 | Z - Issued |
Investigation Summary
At 8:39 a.m. on May 5, 2022, an employee had finished moving residential trash from the side of a road to provide room for his coworker to back up an Izuzu Model NPR Flatbed Truck. The employee was then guiding the coworker when the coworker struck a car, jumped a curb, struck a garbage can and hit and dragged the employee up into the driveway. The employee was pinned between the truck and a parked car, crushing him. The employee incurred abdominal and chest trauma and transported to the hospital, where he was pronounced dead.
Keywords: Abdomen, Abrasion, Chest, Collision, Construction, Construction vehicle, Contusion, Crushed, Dragged, Driver, Driving, Flatbed Truck, Guide, Inexperience, Material Handling, Motor Vehicle, Pinned, Residential Construction, Struck By, Truck, Truck Driver, Unstable Position
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1594145.015 | 21 | M | Fatality | Helpers, construction trades |