Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 311831523
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $3,000.00
Current Penalty: $2,500.00
Issuance Date: 08/12/2008
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 08/20/2008
Gravity: 10
Report ID: 0215000
Contest Date: 08/15/2008
Final Order: 06/10/2009
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 06/10/2009 | $2,500.00 | 08/20/2008 | Serious | |
| Penalty | Z: Issued | 08/12/2008 | $3,000.00 | 08/20/2008 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: CRUSHING
Section 5(a)(1) of the Occupational Safety and Health Act of 1970: 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 in that employees were exposed to the hazard of being struck by/crushed by a moving elevator car. The elevator car, with an employee on top, was operated by that employee; the employee did not receive site- specific training related to special conditions and/or unusual hazards to be encountered before beginning work. Or In The Alternative, 29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury. At the construction site, 459 West 18th Street, New York, NY 10011-3817 On or about 02/21/08 A personnel hoist elevator car was operated by an elevator employee stationed on top of the car, performing normal inspection/maintenance duties. The car was operated using a remote operating device located on top of the car. The elevator employee did not, through verifiable documented training, have knowledge of special problems or applications likely to be encountered during inspection/maintenance procedures. The elevator employee did not receive site-specific training regarding unusual hazards to be encountered prior to beginning work, and there was no competent person on site supervising the employee during maintenance work. Among other methods, one feasible and acceptable method to correct this hazard is to comply with the American National Standards for Construction and Demolition Operations stipulated by the American National Standards Institute (ANSI) ANSI/ASSE A10.4-2007, "Personnel Hoists and Employee Elevators on Construction and Demolition Sites". 1) Enforce and comply with section 5.5.1 "Installation, Jumping Alterations, Maintenance, Testing or Removal" which states that all work shall be performed under the supervision of a competent person. 2) Enforce and comply with section 5.5.1.1 (1)-(10); Through verifiable documented training, familiarize employees with the operation and safety functions of the hoist, hoist component, or equipment to be constructed, maintained, repaired, or tested. Training and experience shall include, but not be limited to: 1) Recognizing the safety hazards that are created during the construction, maintenance, repair, or testing procedures to which they are assigned. 2) Performing the construction, alteration, maintenance, repair, or testing procedures to which they are assigned in conformance with the requirements of this standard. 3) Working knowledge of the hoists covered by this standard, their uses and limitations, and any special problems or applications likely to be encountered during construction, maintenance, alteration, repair, or testing procedures. 4) Must have field, on-the-job, classroom, guild, apprenticeship, or other exposure to and instruction from a person skilled or knowledgeable in the hoists covered by this standard or similar conveyances before working alone, performing tests in the presence of an inspector, or supervising other person(s). 5) Hoist personnel shall obtain site-specific training related to the special conditions and/or unusual hazards to be encountered prior to beginning work. 3) Instruct employees on the dangers of operating an elevator/hoist car while stationed on top of the car. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.0
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