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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 311831879

Citation: 02001

Citation Type: Repeat

Abatement Status: E

Initial Penalty: $70,000.00

Current Penalty: $46,666.00

Issuance Date: 09/12/2008

Nr Instances: 1

Nr Exposed: 8

Abatement Date: 09/24/2008

Gravity: 10

Report ID: 0215000

Contest Date: 10/02/2008

Final Order: 09/06/2011

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 F: Formal Settlement 09/06/2011 $46,666.00 09/24/2008 Repeat  
Penalty Z: Issued 09/12/2008 $70,000.00 09/24/2008 Repeat  

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 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 falling crane components & a collapsing crane tower/mast. At the construction site, 303 East 51st Street, New York, NY 10022 On or about 03/15/08 The collar for a Favco Tower Crane, model M440E was suspended from the mast using (4) polyester slings. The slings were choked around 12" vertical I-beam members of the tower mast, placing them in contact with the I-beam edges/corners. No padding was used to prevent damage to the slings from the sharp/abrasive surfaces. The slings failed, allowing the collar to fall and causing the tower crane to collapse. 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 Society of Mechanical Engineers (ASME) ASME B30.9-2006, "Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings". 1) Follow section 9-5.10.4 "Rigging Practices" which states that slings in contact with edges, corners, protrusions, or abrasive surfaces shall be protected with a material of sufficient strength, thickness, and construction to prevent damage. 2) Comply with the sling manufacturer's "List Of Operating Practices", included with each sling; follow section (F) which states that web slings shall always be protected from being cut or damaged by corners, edges, protrusions or abrasive surfaces. 3) Instruct employees on the dangers of rigging and loading a sling in contact with edges or other abrasive surfaces without protection to prevent damage. 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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