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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 311034169

Citation: 02001

Citation Type: Willful

Abatement Status: X

Initial Penalty: $49,000.00

Current Penalty: $30,000.00

Issuance Date: 01/23/2008

Nr Instances: 1

Nr Exposed: 3

Abatement Date: 02/19/2008

Gravity: 10

Report ID: 0418100

Contest Date:

Final Order:

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 02/19/2008 $30,000.00 02/19/2008 Willful  
Penalty Z: Issued 01/23/2008 $49,000.00 02/19/2008 Willful  

Text For Citation: 02 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: roof truss collapse by the employer purposefully and deliberately failed to provide protection to the employees by not properly bracing up the roof trusses. The employer did not follow the BCSI guide and drawings which specifically stated the outlines or requirements in bracing/supporting the trusses. The result of the employer failing to protect the employees resulted in a fatality. (a) On or about August 9, 2007, an employee of Hartley Construction CO., INC. was performing roof work setting and bracing up the trusses at an approximate height of 19 feet when the structure buckle and collapse during the erection process killing the employee. The employer failed to properly brace up the roof trusses creating a fall hazard condition. A feasible and acceptable method of abatement to correct this standard is to install diagonal, cross bracing and permanent bracing after the first five trusses have been installed. Another feasible means would be to follow the BCSI guide and the engineering drawings to the letter. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

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