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Occupational Safety and Health Administration OSHA

Inspection Detail

Note: The following inspection has not been indicated as closed. Please be aware that the information shown may change, e.g. violations may be added or deleted. For open cases, in which a citation has been issued, the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections.

Inspection: 1508063.015 - Tomal Painting & Contracting

Inspection Information - Office: Manhattan

Nr: 1508063.015Report ID: 0215000Open Date: 12/28/2020

Tomal Painting & Contracting
454 42nd Stnull
Brooklyn, NY 11232
Union Status: NonUnion
SIC:
NAICS: 238140/Masonry Contractors
Mailing: 703 Westminster Rdnull, Brooklyn, NY 11230

Inspection Type:Fat/Cat
Scope:Partial Advanced Notice:N
Ownership:Private
Safety/Health:Safety Close Conference:12/28/2020
Emphasis: N:TrenchClose Case:

Related Activity:TypeIDSafetyHealth
 Referral1712614 Yes Yes
 Accident1714173    

Violation Summary
Serious Willful Repeat Other Unclass Total
Initial Violations 5 5
Current Violations 5 5
Initial Penalty $46,811 $0 $0 $0 $0 $46,811
Current Penalty $46,811 $0 $0 $0 $0 $46,811
FTA Amount $0 $0 $0 $0 $0 $0

Violation Items
# ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent
  1. 01001 Serious 19260021 B02 06/23/2021 07/13/2021 $13,653 $13,653 $0 07/12/2021 C - Contested
  2. 01002 Serious 19260300 B01 06/23/2021 $2,926 $2,926 $0 07/12/2021 C - Contested
  3. 01003 Serious 19260404 B01 I 06/23/2021 $2,926 $2,926 $0 07/12/2021 C - Contested
  4. 01004 Serious 19260651 I02 06/23/2021 $13,653 $13,653 $0 07/12/2021 C - Contested
  5. 01005 Serious 19260651 K01 06/23/2021 $13,653 $13,653 $0 07/12/2021 C - Contested

Accident Investigation Summary
Summary Nr: 132001.015Event: 12/28/2020One Employee Is Killed, One Is Critically Injured In Retaini
At 1:30 p.m. on December 28, 2020, Employees #1 and #2, day laborers employed by a painting and masonry contractor, were repairing a retaining wall at a job sit e. They were working on the base of the retaining wall in preparation for a con crete pour. The two employees had not been trained by the owner of the company on the hazards of working on a retaining wall, and the owner did not have knowle dge or experience with retaining walls or excavations. Employees #1 and #2 were using a Bosch Electric Grinder (SN 021024766) and a Bosch Electric Drill Hammer 8" pick to dig and clear needed space for a new footing support on the left sid e of the wall. No support system was used to protect the employees during the e xcavation process, and no underpinning plan was used. Both the left and right s ides of the wall had been undermined by run off rainfall and/or snowfall for sev eral months including days prior to the incident. The retaining wall suddenly c ollapsed on the two employees. Employee #1 sustained blunt force crushing injur ies and was killed. Employee #2 was hospitalized with critical injuries.
Keywords: blunt force trauma, construction, crushed, excavation, grinder, masonry wall, pinned, renovation, retaining wall, shoring, struck by, structural collapse, support posts, unguarded, untrained
Inspection Degree Nature Occupation
1 1508063.015 Fatality Construction Laborer

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