Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 309008597
Citation: 01002
Citation Type: Repeat
Abatement Date: 12/09/2005 X
Initial Penalty: $70,000.00
Current Penalty: $70,000.00
Issuance Date: 12/06/2005
Nr Instances: 2
Nr Exposed: 2
Related Event Code (REC): A
Gravity: 10
Report ID: 0134000
Contest Date: 12/28/2005
Final Order: 07/17/2006
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 07/17/2006 | $70,000.00 | 12/09/2005 | Repeat | |
| Penalty | Z: Issued | 12/06/2005 | $70,000.00 | 12/09/2005 | Willful |
Text For Citation: 01 Item/Group: 002 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 workers engaged in window washing operations were exposed to fall hazards resulting from improperly rigged &/or anchored personal fall protection equipment and an improperly anchored Sky Genie Descent Control chair system. (a) Location - Six New England Executive Park, Burlington, MA: On or about 6/8/2005, an employee washing windows while suspended in a Sky Genie Descent Control chair and wearing a full-body safety harness with an attached lifeline fell about 48 feet. A single 1/2 inch Kernmantle rope was used as both the Descent Control chair support line and the full-body safety harness life line. This single rope line was connected to a single anchorage point on the unanchored Fitch Mule Mid-Size Roof Roller. When the Roof Roller rolled off the roof, the employee fell to the ground below and was injured. (b) Location - Six New England Executive Park, Burlington, MA: On or about 6/8/2005, an employee tending the roof top Fitch Mule Mid-Size Roof Roller, engaged in window washing operations, was wearing a full-body safety harness with a retractable lanyard that was anchored to the unanchored Fitch Mule Mid-Size Roof Roller. When the Roof Roller rolled off the flat roof with an unguarded roof edge, the employee was catapulted off the roof by his lanyard attached to the Roof Roller. He fell 53 feet to his death. For both Instance (a) and Instance (b): The two employees noted in (a) and (b) constituted the window washing crew. Communication between these crew members was problematic because one employee's native language was Portuguese, the other employee's native language was Spanish, and neither employee was fluent in English. The employer supplied these two employees with two ropes for a set-up that required a minimum of four ropes for safety purposes as follows: --1 rope to tie back the Roof Roller to a secure anchorage point on the building --1 rope for the support line of the Sky Genie Descent Control chair --1 rope for the life line of the window washing employee suspended in the Descent Control chair --1 rope for the life line of the employee tending the Roof Roller on the roof top Among other methods, feasible and acceptable abatement methods to correct this hazard include but are not limited to: 1) Conduct comprehensive, effective hands-on training and testing, repeated periodically, to ensure that each employee engaged in window washing operations understands and uses the safe working practices applicable to his work and his equipment, including but not limited to: * use of independent ropes for his life line and for his support equipment such as the descent chair; * use of independent anchorage points for his life line and for his support equipment such as the descent chair; and * use of the support equipment such as the descent chair and the fall protection systems in accord with the manufacturer's instructions and ANSI/IWCA I 14.1 2001, especially with regard to warnings and design limitations. Such training shall be conducted in employees' native language(s). Do not permit employees to engage in window washing operations until they have completed such training and testing in a satisfactory manner. 2) When scheduling work to be performed, ensure that a competent person conducts a complete and comprehensive on-site hazard assessment to ensure: * that all necessary equipment and personal fall protection equipment is listed and brought to the site, including a sufficient number of ropes for life lines and equipment support lines; * that there are sufficient independent anchorage points for personal fall protection life lines and equipment support lines; * that each anchorage point to be used for such life lines is independent and capable of holding a 5000 lb load; and * that each anchorage point to be used for life lines will not be used simultaneously to support equipment. A competent person is defined as a person who is capable of identifying existing and predictable hazards with respect to window washing operations and who is authorized to take prompt corrective measures to eliminate such hazards. 3) Assign a competent person to each work site and ensure that all work practices for window cleaning operations are performed under his/her supervision, including but not limited to the following: * Prior to the start of work, the competent person shall ensure that sufficient ropes are on site to provide adequate numbers of rope for each support line, life line, and any other mandatory lines (such as tie back lines for Roof Roller equipment) needed to perform the assigned work in a safe manner. * Prior to the start of work and during the work, ensure that a competent person inspects all anchorage points, oversees each employee's proper use of independent anchorage points for equipment lines and fall protection life lines, and oversees each employee's proper use of independent ropes for equipment lines (such as the line supporting each descent chair) and for fall protection life lines. A competent person is defined as a person who is capable of identifying existing and predictable hazards with respect to window washing operations and who is authorized to take prompt corrective measures to eliminate such hazards.
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