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

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 fall hazards. At 370 Harman Street, Brooklyn NY, 11237 On or about 6/11/2008: a)An employee was riding the site dumbwaiter elevator, which was not approved for passengers, when the chain broke causing the dumbwaiter to free fall 30 ft, injuring the employee. b) The employees were exposed to the un-inspected dumbwaiter elevator while transporting deliveries to and from the first floor and second floor of the building. The employer did not develop and implement inspection, maintenance and service schedules for safety devices and critical components of the dumbwaiter to ensure the elevator would not fail. Among other methods, one feasible and acceptable means of abatement would be to implement regularly scheduled preventative maintenance and inspections to comply with the American National Standards (ANSI) chapter, "Safety Code for Elevators", section 1001 "Tests and Inspections of Existing Installations" that states: 1)A1001.1a "Inspection Periods" It is recommended that periodic inspections and tests be made at intervals not longer than 12 months for power freight elevators, hand elevators and power and hand dumbwaiters." 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.