DuraLabel's Weekly Safety News

Blog Author Angelique Sanders

Weekly safety news. Stay in touch with regulations from OSHA, NFPA, and other safety codes. Find out about other companies' best and worst practices. We scour the internet to provide you with helpful training resources and the latest safety information.

Monday, January 07, 2013

Significant OSHA Citations

The following is a summary of OSHA significant citations that have proposed fines over $100,000 that were announced during the week ending January 5th.

The following are based on a press releases from OSHA and other sources.

OSHA cites two Wisconsin companies following a worker's death ($118,220)

OSHA cited Lunda Construction Inc. in Black River Falls and Choice Construction Cos. Inc. in Menomonee Falls with a total of 10 safety citations after a truck driver was killed and another worker seriously injured.

The July 5 incident occurred when a crane collapsed at a bridge construction site on U.S. Route 41 over Lake Butte des Morts near Oshkosh. A truck driver, employed by Spancrete, died when he was struck by the boom of a crane that overturned while bridge girders were being erected with a multiple crane lift. Spancrete was not cited as a result of the investigation.

A Lunda Construction employee who was operating the crane was seriously injured when he was thrown from the cab as the crane fell. Lunda Construction is being cited for one willful and five serious violations. The willful violation is for failing to comply with crane operator standards by designating a lift director and conducting multiple crane-lift planning meetings. A willful violation is one committed with intentional knowledge or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
The five serious Lunda Construction violations include:
  • allowing a crane to travel with a suspended load
  • failing to train competent and qualified persons on their respective roles
  • failing to adequately attach the crane to the barge
  • not using appropriate signaling methods suitable for the site conditions
  • not meeting the requirements of the critical lift plan
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Choice Construction was contracted by Lunda Construction to provide manpower for erecting the girders and is being cited with four serious violations for:
  • failing to develop an effective safety program
  • failing to conduct competent and qualified person training
  • failing to comply with the provisions of the crane operating standards, including failing to designate a competent lift director
  • failing to conduct a multiple crane-lift planning meeting
This was the third OSHA inspection for Choice Construction, which was previously cited with two other-than-serious violations.
Lunda Construction was previously cited in October for three serious violations after a worker, who was struck by a section of crane he was assembling at a construction site on Highway 41 near De Pere, was killed. The company has contested those citations. Lunda Construction has been previously inspected by OSHA five times since 2009, resulting in the issuance of five violations.
OSHA has placed Lunda Construction in its Severe Violator Enforcement Program, which focuses on recalcitrant employers who endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities or job sites.
The citations for Lunda Construction can be viewed at http://www.osha.gov/ooc/citations/lunda-504978-1227-12.pdf.
Citations for Choice Construction can be viewed at http://www.osha.gov/ooc/citations/choiceconstruction-558121-1227.pdf.
Proposed penalties for Lunda Construction total $105,000, and total $13,220 for Choice Construction. Both companies have 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Related Past Posts:

Significant OSHA Citations - Week Ending December 31st
Significant OSHA Citation - Week Ending December 15th
Significant OSHA Citations for the week ending December 8th

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posted by Steve Hudgik
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