Violation Detail
Standard Cited: 19260021 B02 Safety training and education.
Inspection Nr: 1195237.015
Citation: 02001
Citation Type: Willful
Abatement Date: 05/24/2017 2
Initial Penalty: $50,700.00
Current Penalty: $50,700.00
Issuance Date: 04/28/2017
Nr Instances: 3
Nr Exposed: 20
Related Event Code (REC): A
Gravity: 10
Report ID: 0830400
Contest Date: 05/11/2017
Final Order: 10/18/2019
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 10/18/2019 | $50,700.00 | 05/24/2017 | Willful | |
Penalty | C: Contested | 05/15/2017 | $50,700.00 | 05/24/2017 | Willful | |
Penalty | Z: Issued | 04/28/2017 | $50,700.00 | 05/24/2017 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard:
29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury: (a)Hultgren Construction, LLC at 132-136 S. Phillips Ave., Sioux Falls, SD 57104: On or about and at times prior to December 2, 2016, the controlling and exposing employer did not instruct employees in the recognition and avoidance of unsafe conditions related temporary shoring and supporting a multi-story building. Employees were tasked to remove two adjoining exterior load bearing walls between the ground level and first floor. Employees were not instructed in the means and methods for building and installing a temporary shoring system to transfer the building loads from the foundation to the shoring system. On December 2, 2016, an employee was fatally injured as a result of removing the last segment of the load bearing wall causing the structure to collapse. (b)Hultgren Construction, LLC at 132-136 S. Phillips Ave., Sioux Falls, SD 57104: On or about and at times prior to December 2, 2016, the controlling and exposing employer did not instruct employees in the recognition and avoidance of unsafe conditions related to demolition work. Employee were not instructed on monitoring methods to ensure the stability of the building during demolition work, or to identify and detect hazards resulting from weakened or deteriorated floors, walls or loosened material. This condition exposed employees to struck-by and crushing hazards. (c)Hultgren Construction, LLC at 132-136 S. Phillips Ave., Sioux Falls, SD 57104: On or about and at times prior to December 2, 2016, the controlling and exposing employer did not instruct employees in the recognition and avoidance of unsafe conditions related to demolition work. Employees were not instructed on a safe method for removing a brick wall. Employees were allowed to start at the base of the wall section and work upward toward the ceiling, allowing large sections of brick wall to fall onto the floor of the two buildings. This process affected the safe carrying capacity of the floors and exposed employees to struck-by and crushing hazards associated with falling brick. Abatement Note: Among other methods, one feasible and acceptable abatement method to control this hazard is to follow the International Building Code (IBC) Section 1604 General Design Requirements, paragraph 1604.1 General., states, "Building, structures and parts thereof shall be designed and constructed in accordance with strength design, load and resistance factor design, allowable stress design, empirical design or conventional methods, as permitted by the applicable material chapters." Abatement Note: Paragraph 1604.2 Strength, states, "Buildings and other structures, and parts thereof, shall be designed and constructed to support safely the factored loads in load combinations defined in this code without exceeding the appropriate strength limit states for the materials of construction. Alternatively, buildings and other structures, and parts thereof, shall be designed and constructed to support safely the nominal loads in load combinations defined in this code without exceeding the appropriate specified allowable stresses for the materials of construction."