| Inspection Type |
Fat/Cat
|
| Scope |
Partial
|
| Safety/Health |
Safety
|
| Close Conference |
2021-11-23
|
| Emphasis |
N: TRENCH
|
| Case Closed |
2022-07-01
|
Related Activity
| Type |
Accident |
| Activity Nr |
1691869 |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19260651 A |
| Issuance Date |
2021-04-06 |
| Current Penalty |
7885.0 |
| Initial Penalty |
10513.0 |
| Contest Date |
2021-04-27 |
| Final Order |
2021-09-20 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Accident |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.651(a): All surface encumbrances that were located so as to create a hazard to employees were not removed or supported, as necessary, to safeguard employees: a) On or about 11/18/2020 at a water line project located at 3355 Lake Shore Road, Hamburg, New York; two employees were in an excavation to cap an abandoned water line. There was an unsupported section of concrete on the southwest corner of the excavation in and above the work area. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19260651 K01 |
| Issuance Date |
2021-04-06 |
| Current Penalty |
7885.0 |
| Initial Penalty |
10513.0 |
| Contest Date |
2021-04-27 |
| Final Order |
2021-09-20 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Accident |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.651(k)(1): An inspection of the excavations, the adjacent areas, and protective systems was not conducted by the competent person prior to the start of work and as needed throughout the shift: a) On or about 11/18/2020 at a water line project located at 3355 Lake Shore Road, Hamburg, New York; two employees were in an excavation to cap an abandoned water line. The excavation was approximately 6'-0" feet deep with vertical walls and not properly protected from cave-ins. The competent person did not inspect the excavation to properly evaluate soil conditions, determine actual depth, identify adequate cave-in protection and other hazardous conditions. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19260652 A01 |
| Issuance Date |
2021-04-06 |
| Current Penalty |
7885.0 |
| Initial Penalty |
10513.0 |
| Contest Date |
2021-04-27 |
| Final Order |
2021-09-20 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Accident |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or (c): a) On or about 11/18/2020 at a water line project located at 3355 Lake Shore Road, Hamburg, New York; two employees were in an excavation to cap an abandoned water line. The excavation was approximately 6'-0" feet deep with vertical walls and not properly protected from cave-ins in all areas that the employee was working. NO ABATEMENT CERTIFICATION REQUIRED |
|
|
| Inspection Type |
Planned
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2017-10-02
|
| Emphasis |
L: BRIDGE, N: SILICA, P: BRIDGE
|
| Case Closed |
2019-01-24
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 A01 |
| Issuance Date |
2017-10-05 |
| Current Penalty |
3360.0 |
| Initial Penalty |
5070.0 |
| Final Order |
2017-10-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(a)(1): When effective engineering controls were not feasible or while they were being instituted, appropriate respirators were not used pursuant to the requirements of 29 CFR 1910.134: (Construction Reference 1926.103) 1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operator (Verneer 150 road saw) was exposed to respirable dust containing 15% crystalline silica (quartz) at an 8-hour time-weighted average (TWA) of 40.0 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf. This limit is established to prevent silicosis. The TWA exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled. The employer did not require the employee to use an appropriate respirator. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2017-10-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-10-27 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: 1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a laborer wore a half mask 3M-N95 8210 filtering face-piece dust mask while working. The employee was not provided with a medical evaluation prior to using the respirator. 2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operator (Verneer 150 road saw) was exposed to respirable dust containing 15% crystalline silica (quartz) at an 8-hour time-weighted average (TWA) of 40.0 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf. This limit is established to prevent silicosis. The TWA exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled. The employee was not provided with a medical evaluation prior to using the respirator. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F01 |
| Issuance Date |
2017-10-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-10-27 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): (Construction Reference 1926.103) 1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a laborer wearing a half mask 3M-N95 8210 filtering face-piece dust mask while working. Employees were not provided a fit test for the respirator. 2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operators (Verneer 150 road saw) was exposed to respirable dust containing15% crystalline silica (quartz) at an 8-hour time-weighted average (TWA) of 40.0 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf. This limit is established to prevent silicosis. The TWA exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled. Employees were not provided a fit test for the respirator. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01001D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K01 |
| Issuance Date |
2017-10-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-10-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(k)(1): The employer shall ensure that each employee can demonstrate knowledge of at least the following: 1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, the employer did not ensure that each employee could demonstrate knowledge of at least the basic information on respirators, including Appendix D of this section to employees donning half mask 3M-N95 8210 filtering face-piece dust mask while working. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101000 C |
| Issuance Date |
2017-10-05 |
| Current Penalty |
5040.0 |
| Initial Penalty |
8873.0 |
| Final Order |
2017-10-27 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1000(c): Employees were exposed to crystalline silica (quartz), listed in Table Z-3, in excess of the calculated permissible exposure limit as an 8-hour time weighted average concentration: 1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a labor working at the job site was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 14.5 mppcf (construction conversion) approximately 1.06 times the PEL of 11.9 mppcf. The exposure calculations are based on results obtained over 148 minutes of sampling with a zero increment used for the 332 minutes not sampled. 2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operators (Verneer 150 road saw) working at the job site cutting concrete was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 40 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf. The exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled. NO ABATEMENT DOCUMENTATION REQUIRED |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101000 E |
| Issuance Date |
2017-10-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-10-27 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d): 1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a labor working at the job site was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 14.5 mppcf (construction conversion) approximately 1.06 times the PEL of 11.9 mppcf. The exposure calculations are based on results obtained over 148 minutes of sampling with a zero increment used for the 332 minutes not sampled. Feasible engineering controls were not implemented. 2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operators (Verneer 150 road saw) working at the job site cutting concrete was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 40 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf. The exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled. Feasible engineering controls were not implemented. NO ABATEMENT DOCUMENTATION REQUIRED |
|
|
