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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 1540488.015

Citation: 01001

Citation Type: Serious

Abatement Status: Corrected During Inspection

Initial Penalty: $9,557.00

Current Penalty: $4,778.50

Issuance Date: 12/29/2021

Nr Instances: 1

Nr Exposed: 2

Abatement Date:

Gravity: 10

Report ID: 0316100

Contest Date: 01/27/2022

Final Order: 11/11/2022

Related Event Code (REC): R

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 11/11/2022 $4,778.50   Serious  
Penalty C: Contested 01/27/2022 $9,557.00   Serious  
Penalty Z: Issued 12/29/2021 $9,557.00   Serious  

Text For Citation: 01 Item/Group: 001 Hazard:

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: On or about July 1, 2021, a five story, wood framed condominium building under construction collapsed during a severe weather event. An independent engineering firm was commissioned to perform a forensic investigation of the collapse and concluded that the building's collapse was, in part, due to defects in the construction process. Those defective conditions and /or processes were approved by this company's management and included, but were not limited to: A. Although the structure would have collapsed due to structural design regardless, and the structural drawings do not specify shear wall spacing or installation, 10Square Development, LLC (as the controlling employer) did ensure that Trento properly staggered the exterior shear walls (on all sides of the building) which included the DensGlass� exterior sheathing across horizontal structural members such as plates and band boards; B. Although original permit plans called for exterior sheathing to be both OSB plywood or DensGlass� gypsum boards, 10Square Development, LLC permitted the substitution of DensGlass� gypsum boards for the plywood; and C. Although Trento was responsible for selecting and adding the nails, 10Square Development, LLC as the controlling employer, permitted the utilization of improper nail sizes in the construction of the building frame, in that, certain structural elements including sill plates and top plates were not nailed (secured in place) properly and/or the correct nail size and/or spacing or nail patterns were not used; D. Although the structural design was incomplete and did not indicate specific attachments and the locations of the strapping and hold downs, and the strapping would still not have been sufficient to transfer the applied loads and prevent sideways or functional movement resistance, the Company did not ensure that hold down straps were installed in all locations by Trento. As a result of the collapse, six (6) framing carpenters were trapped beneath the building's fallen structure and one worker was seriously injured.

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