Violation Detail
Standard Cited: 95012901
Inspection Nr: 311621833
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $6,300.00
Current Penalty: $12,000.00
Issuance Date: 04/16/2008
Nr Instances: 2
Nr Exposed: 3
Abatement Date: 04/21/2008
Gravity:
Report ID: 0453710
Contest Date: 05/23/2008
Final Order: 05/10/2010
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 05/10/2010 | $12,000.00 | 04/21/2008 | Serious | |
| Penalty | Z: Issued | 04/16/2008 | $6,300.00 | 04/21/2008 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: LIFTING
North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were exposed to: struck by hazards. a)Excavation Site, Bowsertown Rd, Manteo - On or about 01/15/2008, the following conditions occurred: employees were exposed to a struck by hazard when steel sheets weighing as much as 6530 pounds, were lifted in an overhead lift using grade 70 chain which is not approved by the manufacturer for overhead lifts. The chain manufacturer states grades 80 or 100 alloy steel chain to be the minimum approved for overhead lifts. Two employees were struck and killed when the chain broke, and the steel sheet fell. ABATEMENT NOTE: Among others, one feasible and acceptable method of abating this violation is to: follow the chain manufacturer's warnings for grade 70 chain and connections (hooks) that include: "Do not use for overhead lifting" "WARNING: DO NOT USE for overhead lifting or hoisting." Another method would be to keep personnel clear of the area. Reference(s): NACM, Welded Steel Chain Specifications; and Cooper Hand Tools/Campbell Manufacturer's Recommendations b)Excavation Site, Bowsertown Rd, Manteo - On or about 01/15/2008, the following conditions occurred: an employee was repeatedly exposed to a struck by hazard when steel sheets weighing as much as 6530 pounds, were lifted in an overhead lift using grade 70 chain which is not approved by the manufacturer for overhead lifts. The chain manufacturer states grades 80 or 100 alloy steel chain to be the minimum approved for overhead lifts. The employee guided and held 4 to 5 of the steel sheets against the trench box while the load was suspended, each time the trench box was moved. ABATEMENT NOTE: Among others, one feasible and acceptable method of abating this violation is to: follow the chain manufacturer's warnings for grade 70 chain and connections (hooks) that include: "Do not use for overhead lifting" "WARNING: DO NOT USE for overhead lifting or hoisting." Another method would be to use a second excavator to hold the steel sheets in place. Reference(s): NACM, Welded Steel Chain Specifications; and Cooper Hand Tools/Campbell Manufacturer's Recommendations OR IN THE ALTERNATIVE: 29 CFR 1926.550(a)(19): All employees were not kept clear of loads about to be lifted and of suspended loads. a)Excavation Site, Bowsertown Rd, Manteo - On or about 01/15/2008, the following conditions occurred: employees were not kept clear of suspended loads. Employees were exposed to a struck by hazard when steel sheets weighing as much as 6530 pounds, were lifted in an overhead lift using grade 70 chain which is not approved by the manufacturer for overhead lifts. The chain manufacturer states grades 80 or 100 alloy steel chain to be the minimum approved for overhead lifts. Two employees were struck and killed when the chain broke, and the steelsheet fell. b)Excavation Site, Bowsertown Rd, Manteo - On or about 01/15/2008, the following conditions occurred: employees were not kept clear of suspended loads. An employee was repeatedly exposed to a struck by hazard when steel sheets weighing as much as 6530 pounds, were lifted in an overhead lift using grade 70 chain which is not approved by the manufacturer for overhead lifts. The chain manufacturer states grades 80 or 100 alloy steel chain to be the minimum approved for overhead lifts. The employee guided and held 4 to 5 of the steel sheets against the trench box while the load was suspended, each time the trench box was moved.
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