Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
This violation item has been deleted.
Inspection Nr: 305386682
Citation: 02001
Citation Type: Willful
Abatement Status:
Initial Penalty: $56,000.00
Current Penalty:
Issuance Date: 04/28/2003
Nr Instances: 1
Nr Exposed: 4
Abatement Date: 05/31/2003
Gravity: 10
Report ID: 0728500
Contest Date: 04/30/2003
Final Order: 01/12/2004
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 01/12/2004 | 05/31/2003 | Willful | ||
| Penalty | Z: Issued | 04/28/2003 | $56,000.00 | 05/31/2003 | Willful |
Text For Citation: 02 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 that were free from recognized hazards that were causing or likely to cause death or serious physical harm in that employees working at the KMFC radio tower site, located south of Centralia, Missouri, were exposed to hazards of falling or being crushed as a result of tower failure and collapse. The employer's prior visual inspection and evaluation of the structural integrity of the radio tower was not provided, nor the danger effectively communicated, to field employees assigned to work on or around the tower. The employer stated in the written inspection report dated October 10, 2002, on the page noted "Emergency Repair Work"1 that "our inspector finds the tower unsafe to climb" The employer additionally listed sixteen (16) items which required emergency repair. The employer also listed three (3) items on the page noted "Safety Repair Work".2 1 Emergency - Defined in the Nationwide Inspection report as "an item judged to have a deficiency requiring immediate attention. Failure to repair this deficiency may result in tower failure, property damage, or injury to personnel on tower and ground. 2 Safety - Defined in the Nationwide Inspection report as "an item judged to have a safety deficiency requireing immediate attention. Failure to repair this deficiency may result in physical harm to personnel on the tower and ground." One feasible means of abatement would be; when the employer conducts a visual inspection and composes a written report identifying emergency and safety items that need to be addressed, provide the field employees with a copy of said report and procedures on how to initiate work on site. Additionally, if the employer intends to conduct demolition or removal or replacement of the tower, or any integral supporting structural component thereof, include a survey by a qualified person to assure that the tower structure could withstand the loads imposed, when a visual inspection of the tower, reasonably indicates that the tower may not withstand such loads such as, but not limited to; its age, evidence of prior structural damage or corrosion. The employer has been previously cited for a 5(a)(1) citation, which became final order on July 16, 2002, Docket # 01-2082, Region V, as a result of a fatality investigation by the Cleveland, Ohio OSHA Office where an employee of Nationwide Tower fell approximately 400 feet to his death. The citation was amended from willful to serious and reads, from the Settlement Agreement, Item 2 of Citation 2 shall be affirmed as Serious and amended as follows: The employer did not furnish employment and a place of employment, which was free from recognized hazards that were causing or likely to cause death or serious physical harm in that, at the Adelphia Tower site at 178 Underridge Road E. in Conneaut, Ohio, Respondents evaluation of the structural integrity of a telecommunications tower prior to commencing work on the tower did not consider all aspects of the condition of the tower and potential hazards to employees who were required to work on such tower. One feasible means of abatement would, when results of Respondents intends to conduct demolition or removal or replacement of the tower or an intergral supporting structural component thereof, include a survey by a qualified person to assure that the tower structure could withstand the loads imposed when a visual inspection of the tower, its age, evidence of prior structural damage or corrosion reasonably indicates that the tower may not withstand such loads. Respondent represented that the violation in Citation 2 had been abated.
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