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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 314595554
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $2,500.00
Current Penalty: $1,875.00
Issuance Date: 09/28/2010
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 10/08/2010
Gravity: 03
Report ID: 0215000
Contest Date:
Final Order:
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 10/13/2010 | $1,875.00 | 10/08/2010 | Serious | |
| Penalty | Z: Issued | 09/28/2010 | $2,500.00 | 10/08/2010 | 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: Being struck-by and/or crushed-by moving vehicle traffic in temporary traffic control zone. At the construction site, 7 West 66th Street, New York, NY 10023 On or about 06/05/10 Employees directing traffic & shifting cones around a temporary traffic control zone (during window cleaning operations) were exposed to being struck by moving vehicles. Employees did not follow standard MUTCD safety procedures; employees were not wearing red or orange garments while flagging and a transition area (with correct length & cone placement) was not created to safely move traffic from a normal two lane path to one lane only. Abatement Note: One feasible means of abatement to correct this hazard is to comply with Part VI, "Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations", Manual on Uniform Traffic Control Devices (MUTCD), 1988 Edition, Revision 3, September 3, 1993 as published by the US Department of Transportation's Federal Highway Administration. 1) Follow section 6C-3 "Tapers", with transition area length and cone placement determined by the width of the traffic offset and vehicle speed. 2) Follow section 6D-2 "Worker Safety Considerations" which states that workers exposed to traffic should be attired in bright, highly-visible clothing similar to that of flaggers. 3) Instruct employees on the dangers of working where exposed to moving vehicle traffic without proper safety attire and temporary traffic control methods/procedures. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.