Vermont Department of Labor. VOSHA 5 Green Mountain Drive Montpelier, VT 05601?0488 802-828-5088 Salesperson Job Copies of Inspection: 222 pages Rock Amusements, Inc 3 CD's containing photos- Graphic Shipping Method Terms BUZZFEED LOS ANGELES 7323 Beverly Boulevard, May 14, 2015 Jessica Garrison BUZZFEED Los Angeles Los Angeles, CA 90036 Shi Description VOSHA Inspection 314219346 I Delivery Date pping 'Payme? 2Due Date Terms Due on receipt Discount Unit Price Line Total .05 per copy $11.10 $15.00 Total Discount Subtotal $26.10 Sales Tax Total $26.10 Make all checks payable to DOL- VOSHA 10. 12. 13. I4. 15. TABLE OF CONTENTS ACCIDENT NARRATIVE VOSHA REPORT FIRST REPORT OF INJURY VOSHA COMPANY REPRESENTATIVE DATA SHEET OSHA 36: REPORT OSHA 170: INVESTIGATION SUMMARY FIRST REPORT OF INJURY VERMONT STATE POLICE: INVESTIGATION REPORT VERMONT DEPARTMENT of HEALTH: AUTOPSY REPORT LAMOILLE COUNTY SHERIFF: INVESTIGATION REPORT PHOTOS RELATED ACTIVITY LAMOILLE COUNTY FIELD DAYS EMPLOYER DOCUMENTS: Operation permit, Visa forms, employee roster, water test. MANUFACTURER: Operators manual, speci?cations, safety bulletin. 1 Ln PIGS I. U.S. Department of Labor Occupational Safety and Health Administration Inspection Report Thu Dec 29,201111:193m ID Assignment Nr. ID Supervisor Inspection Nr. Opt. Insp. Nr. 0155010 0 U7972 X4101 3 14219346 049-11 Rock Amusements, Inc. dba Castlerock Establishment Name Site 203 Wilson Rd., Site (413) 441-9591 Site (413) 442-0032 Address Johnson, VT 05656 Phone FAX I Mailing 35 Grant St., Mail (413) 442-4800 at] (413) 442-0032 Address'I Pitts?eld, MA 01201 Phone . Controlling Employer ID 000000000 Corp Ownership A. Private Sector City- [0290 County 015 Legal Entity I 1A. Corporation JPrii-Zyious Actiyity [Slate Only: Activity Type Numbet? Satisfied Type Numbet- Satis?ed I A. Accident 102061843 ii] ESt-ablisl'nnentn 21 Advance Notice? No Category S. Safety Covered By Inspection 21 Union"? I No Primary 7999 Controlled By Employer 21 Walkaround'? Yes Secondary SIC Interview-ed? 151a_te only) Yes InSpL?Cth tSlan?: Only)- Log Entries Not Available l?x?ear [Lwnl Rate - Inspection Type A. Fatality/Catastrophe Slope of Inspection B. Partial Inspection Classi?cation Safety Planning Guide/Manufacturing Anticipatory Warrant Served? No Denial Date Date ReEntered Date ReDenieLi Era-Entered Anticipamry Subpoena Served? No Entry 07/19/11 17:50 First?losing Conference 07/22/11 13:00 Opening Conference 07/19/11 19:30 Second Closing Conference. 07/27/11 Walkaronnd 07/19/11 17:55 aim Days On Site 4 Ease :Closed No-Citations lssued . Type - ID Optional Information CSHO. Signature Date. 6/93) Department of Labor Occupational Safety and Health Administration Inspection Narrative Thu Dec 29, 201111219am 1; :5 314219346 5971?}th 049-11 Establishment Name- Rock Amusements, Inc. dba Castlerock Legal Entity lA. Corporation lType'of Business lAmusement rides/concessions Additional-ceases Mailing Addresses I Organized Employee Groups Authorized Employee Representatives Employer Representatives Contseted Name I lTitle Funmion [Walk Around} Arthur Gillette* President/Osmer I Robert Leonard Manager/driver I Christine Gillette Vice President I Other Persons Contaeted Entry 07/19/11 17:50 First Closing Conference 07/22/11 13:00 Opening Conference 07/19/11 19:30 Second Closing Conierenee 07/27/11 Walkaround 07/19/11 17:55 Exit Case Closed Penalty Reduction Factors Size 60 Good Faith 0 History 0 I Followup Inspection? I I Reason I 6/93) 1111] Dec 2.9, AUll 111193111 Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 I Cm-erage Comments SAFETY NARRATIVE Inspection Number 314219346 COVERAGE INFORMATION NATURE AND SCOPE Check Applicable Boxes and Explain Findings: '3 Complaint Items Referral Items Accident Investigation Summary Findings BLEP [3 Planned Inspection NATURE AND SCOPE -- UNUSUAL CIRCUMSTANCES (Mark and explain all that apply:) ?3 None Denial of entry (see denial memo) Delays in conducting the inspection Strikes Jurisdictional Issues Comments: The accident occurred on 07/19/2011 at the site of the Lamoille County Field Days located on Wilson Rd., in Johnson, Vt. Rock Amusements dba Castle Rock Amusements Inc.(1999) was contracted to provide amusement rides for the duration of the fair 22 July to 24 July 2011. Castle Rock Amusements was in the process of assembling amusement rides when an employee came into contact with fan blades and was severely injured, death resulting. OPENING CONFERENCE NOTES: The opening conference was conducted with Arthur Gillette, president Rock Amusements, Inc dba Castlerock. Christina Gillette, Vice President Castle Rock, Robert Leanard, Manager Castle Rock, Ashley Leonard, Concession Castle Rock.Mr. Arthur Gillette explained the labor force was comprised of immigrant workers that he hired on H2B visas through a company located in Rio Hondo, Texas identified as JKJ Workforce, James Judkins, owner of the agency. The JKJ Workforce Agency acts as the employer providing the workforce from Mexico. Castle Rock Amusement applied to the U.S.Citizenship Immigration Service (ISCIS) for the work visas Form I-129.Castle Rock Amusements has been employing immigrant workers for at least 10 years. Credentials were presented and the purpose and scope of the inspection were explained.Note: Mr. Gillette stated he was injured, his knee was hurt as he jumped out the rear of the trailer to seek help upon discovery of the accident. Mr. Gillette declined medical assistance and stated he would continue with the interview process. 6/93) Thu Dec 29, 2011 11:193m Page 3 Inspection Nr. 314219346 Rock Amusements, Inc. dba Castlerock RECORDKEEPING PROGRAMS (Other than 29 CFR 1904 requirements) Does the employer ?have a recordkeeping program relating to any occupational health issues (monitoring, medical, training, respirator fit tests, ventilation measurements, etc)? Yes I No Are any programs required by OSHA health standards? I: Yes No COMPLIANCE PROGRAMS (engineering controls, PPE, regulated areas, emergency procedures, compliance plans, etc.) None Address any relevant compliance efforts regarding potential health hazards covered by thelscope of the inspection. No safety and health program, no job hazard analysis, no bi-lingual signage, no training in hazard recognition, minimal maintenence, insufficient warning/signage, no lock out/tag out, no machine guarding procedure/training. PERSONAL HYGIENE FACILITIES AND PRACTICES- (showers, lockers, change rooms, etc.) Are any required by OSHA health standards? Yes No What Standards: HAZARD COMMUNICATION PROGRAM Written Program (complete) (all) Labeling (adequate) Training (complete) I: Yes No Copy MSDS?S/Program attached I: Yes No Comments: The employer did not provide hazard communication training. No hazard communication program was in effect. ACCESS TO EXPOSURE MEDICAL RECORDS FIRE PROTECTION AND EVACUATION PROCEDURES No SYSTEMS SAFETY AND EMERGENCY RESPONSE N0 RESPIRATOR PROGRAM LOCKOUT TAGOUT 6/93) Thu Dec 29, 2011 11:19am Page 4 Inspection Nr. 314219346 Rock Amusements, Inc. dba Castlerock \To FIRST AID ELECTRICAL SAFE WORKPRACTICES No EXPOSURE CONTROL PLAN A LABORATORY STANDARD A ERGONOMIC PROBLEMS Yes No If yes, complete the items 1 and 2 below. 1. Lifting (10% or more similarly exposed employees injured) a. Total of employees exposed to job: b. Total of cases for job: 2. (10% or more similarly exposed employees have 5% or more CTS cases) a. Total of employees exposed to job: I b. Total of cases for job: Other significant injury/illness trends Yes El No If yes, explain. EVALUATION OF OVERALL SAFETY AND HEALTH PROGRAM General Industry: Yes No Employer has a Safety Health Program No Written Yes No Copy Attached Construction Industry: I: No Accident Prevention Program 0 Written Yes No Copy Attached Evaluation of Safety and Health Program ?3 Nonexistent 1 Inadequate 2 Average 3 =Above average) 6/93) Page 5 Thu Dec 29, 2011 11:19am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Written Program [El Communication to Employees Enforcement IE Safety Training Program '3 Health Training Program El Accident Investigation Performed El Preventive Action Taken Comments: The employer did not have a safety and health program, written or oral. The employer stated the employees were hired as laborers and they had been hired specifically for the amusement ride assembly and disassembly.The labor force were H2B employees. The laborers were from Mexico and came to work with Castle Rock Amusements on a H2B work visa.The laborers primary language was Spanish, with some able to speak broken English. The laborers were hired through a company called JKJ Workforce of Rio Hondo. Tx. JKJ did not provide any safety and health training. The employer, Castle Rock Amusements applied for the temporary workforce through application, in the form of a Petition for non- immigrant worker, Form I-129 with the United States Citizenship Immigration Service (ISCIS). The petition was approved and noted on Notice of Action.The employer does not have a written Safety and Health program.The employendoes not provide any training to the laborers. The employer did not feel that he needed to provide safety and health training as the employees know what they need to do based on the experience of those workers that have longevity with Castle Rock Amusements. The employer was indifferent to any responsibility for the employees relative to safety and health and the language barrier that existed. There was no english or bi?lingual, Spanish warnings posted Or any safety precautions in the form of signage on any equipment, the employer stated "he had worked with Mexicans for years and he knew "the employees would fiqure things out". Reference was made to the laborers lives in Mexico where they lived in poverty and they are used to taking junk and making something out of it". The employer did not indicate that training of any type was given.The employer idicated that he did not feel that training was necessary. The employer stated the group of laborers was "like a family?.The employer provided temporary housing and the wages are recorded as 357.20/week. A portion of the wage is withheld to insure the employees stay through the duration and they have funds to return to their country of origin at the end of the employment period. The employer arranges for the laborers to send their wages home each week. CLOSING CONFERENCE NOTES: Were any unusual circumstances encountered such as, but not limited to, abatement problems. expected contest and/or negative employer attitude? If yes, explain below. El Yes No II 19.Closing Conference Checklist as appropriate) No Violations Observed Gave Copy Employer Rights Reviewed Hazards Standards Discuss Employer Rights/Obligations Encouraged Informal Conference 6/93) Thu Dec 29, 2011 11:19am Page 6 Inspection Nr. 314219346 Rock Amusements, Inc. dba Castlerock Offered Abatement Assistance Discussed Consultation Programs El Employer/Employee Questionnaires Closing Conference Held with Employee Representative I: Jointly Separately CSHO Signature Date Accompanied By . 6/93) Vermont Department 'of Labor Occupational Safety and Health Administration Worksheet Fhu Dec 29, 2011 11:233m Inspection Number 314219346 Opt, .Insp. Number 049-11 Esrathlislnnent Name Rock Amusements, Inc. dba Castlerock Type of Violation Citation Number 01 Item/Group 005 Number Exposed 12 No. Insrances 1 Std. Alleged Vio. 1910.0212( 1) Abatement h-lultiStep Abatements Fina] Abatem?nt Action 'TyperDates PCl'iUd PPE Period Plan Report 20 Abaterrient Documentation Required Date Verified lSuhstanee Codes IAVDE Variable Informal ion: I Types of guarding. One or more methods of machine guading shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ongoing nip points, rotating parts, ?ying chips and Sparks. Examples of guarding methods are~barrier guards, two?hand tripping devices, electronic safety devices, etc. LOCATION: Lamoille County Field Days, Wilson Rd, Johnson, Vt. VIOLATION: Employees routinely worked in close proximity to a generator set which had no visible guarding to prevent employees from hazards created by point of operation, ingoing nip points, and rotating parts. Penalty calculations Adjustment Factors Proposed Adjusted Severity Prt'Jbahilily Gravity GBP Sire Good Faith History 0.00 60 0 0 0.00 Repeat Factor 0 Employee Exposure: Occupation H2B laborer Employer; Castlerock Nr of Employees 21 Duration Stirs [Frequency Jtlaily Employee Name Leonardo Espiabarro Telles Address Phone - Rio Hondo, TX . Occupation H2B laborer Employer; Castlerock of Employees 21 Duration _8l1rs lFrequency [daily Employee Name Valente Gabriel Address Phone - Rio Hondo, TX Occupation H2B laborer Employer; Castlerock Nr of Employees 21 Duration 811119 [Frequency Idain Employee Name Guillermo Galindo Address Phone - Rio Hondo, TX Occupation H2B laborer ? Employer Castlerock 9/93) Page 2 Rock Amusements, Inc. dba Castlerock Thu Dec 29, 2011 11:233m InSpection Nr. 314219346 Citation Nr. 01 Item/Group 005 Nr of Employees 21 Duration 8hrs [Frequency [daily Elliployec Name Ancelto Garcia Anrada Address Phone - Rio Hondo, TX Occupation Owner/Maintenence Employer Castlerock Nr of Employees 2] Duration 8hrs [Frequency [daily Employee Name Arthur Gilette Address PhUrlL? Pitts?eld, MA Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Angel Colotl Address Phone Rio Hondo, TX Occupation H2B laborer Employer Castlrock Nr of Employees 21 Duration 8hrs [Frequeney [daily Employee Name Jaime Lopez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock of Employees 21 Duration 8hrs [Frequency [daily Employee Name Raymondo Gonzalez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Fransisco Hernadez Addresa Phone - Rio Hondo, TX Occupation Manager Employer Castlerock Nr ot?Employoes 21 Duration 8hrs [Frequency [daily Employee Name Robert W. Leonard Address Phone - Pitts?eld, MA Doeupation H2B laborer Employer Castlerock Nr of Employees 21 Duration ?8hrs [Frequency [daily Employee Name Jesus Blanco Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nl' of Employees 21 Duration 8hrs [Frequency [daily Employee Name Octaviano Aquilera Address Phone - Rio Hondo, TX Description: A. Hazard 4. Dater'Time 07/19/11 1800 B. Equipment . Location D. ness E. Measurements 9/93) Page 3 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 005 20. Instance Description - Describe the following: a) Employees were exposed to the hazard created by rotating parts and point of operation. Employees routinely worked at assembly and disassembly of amusement rides which required connection to a power transission device. The power- transmission device, a generator set (engine and generator components to provide temporary power) was a diesel Caterpillar and a generator, Magna One AC and suppOrting conductor cable. The generator set was located in the rear of a 52? tractor trailer (Florida C6520V, that was parked centrally in a location within the perimeter of the amusement ride location. Conductor cable was stored in close proximity to generator set, within 2? and covering the trailer ?oor approximately 12?total area alongside the diesel engine in the direction east of the engine toward a fuel tank which was located about midway of the trailer.The conductor cable was 1 1/2" and 2" and was heavy and was typically stored at the rear of the trailer. A portable table was on top of the conductor cable coil, leaning against the trailer wall approximately 16" from the diesel engine. The employees would have had to move the portable table to access the conductor cable beneathAttempts to move the portable table would have exposed an employee by placing his/her body within 10" of the unguarded component parts of the diesel engine, specifically the alternator and the associated belts and pullies as well as the fan blades. Employees were exposed to the unguarded belts and pulleys that provided the rotational drive for the fan unit which was unguarded. The employees were also exposed as they performed start??up and shut-down operations. b) Equipment: Machine guards: rotating parts and point of operation. c) Location: Castlerock; generator set. (1) Injury/Illness: Death, fracture, laceration. e) Measurements: Visual, verbal, photo. 31. Photo Number locatirni on Video 23. Employer Knowledge Yes, with reasonable diligence. Rock Amusements, Inc. dba CastleRock has been incorporated since 1999. The employer stated he has been in/aroun the amusement ride business for most of his life. The employer has relatives that regularly operate carnivals/amusement rides in the State of Massachusetts. The employer corporate office is documented as 35 Grant St. Pittsfield, Ma. 01201. 24. Comments (Employer, Employee, Closing Conference) The closing conference was conducted in Franklin County, Vt. with Arthur Gillette, President, Rock Amusements, dba Casthock. The citations were reviewed and discussed. The employer indicated he understood the citations and how to abate them. The employer agreed to provide additional documentation of the cleaning of the trailer unit that was removed from the accident scene and transported to Massachusetts. The employers? cousin, Jules Gillette was responsible for the cleaning and once completed documentaion would be sent to VOSHA. At the time of the report no documentation has been receivedAt the opening conference the employer (owner) stated he the equipment had been guarded.The employer explained that he had been around engines all his life and he knew that there were safety features on the equipment. The employer elaborated by stating he appreciated the safety features and that his equipment was guarded. The employer described the type of guard that was on the fan (he referred to as a shroud that covered the fan blades) and stated the guard was on the engine.The employer was asked if the guard was currently in working order and attached to the engine and the employer then stated that the guard had been on the equipment. The employer stated the guard had broken during tranport.The employer stated the guard was operational during the last Operation of the equipment(Sunday prior to accident date. July 17, 2011).The employer was asked where the guard was and he replied it was in the trailer underneath a coil of conductor cable. The employer stated he was told by someone (the employer could not recall the name) the guard had broken. The (employer) stated he had planned to fix the morning of the accident. 25. Other Employer Information The employer stated that he thought the guard was Operational the Sunday prior to the accident. The equipment was used during the event they had attended.The employer differed to the operations manager whom repeated the guard had broken during transport to the present location. The guard broke during the 9/93) Page 4 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 005 drive from the last location to the location at the Lamoille County Field Days.The operations manager agreed with the employer. The employees working as laborers did not know what the guard was, what the guards purpose was and they had not seen it on the equipment. The employer stated the guard was located in the trailer, the employer agreed that the guard was beneath a length of conductor that had been placed on top of the guard. The employer stated the weld that was supporting the shroud gave way and he needed to contact a welder (local) to repair.The employer had contact with the local mechanic as a representative(unidentified as he would not give his name), he was referred to as one of" Bo?s guys and was on site repairing a vehicle. The employer was going to address the repair of the fan guard the morning of the accident however a vehicle broke down at another location and he sent 2 individuals manager and another employee) to retrieve the vehicle. The employer stated he did not know why the employee was in the trailer, the employer stated himself and the manager and one employee were in charge of starting and stopping the generator.The employer stated the ride assembly was a procedure that was planned and rides were staged and moved to the set?up location and then assembly would begin. The employer stated that everyone knew the procedures and events were routine in nature. The employer state done ride in particular required power to operate the hydraulics, the Himalya. The employees would have assembled the rides and then connected the conductor cable by uncoiling and dragging the conductor cable to the connectors on the rides and the port of the power unit trailer. One ride required the use of the conductor cable to provide power during the assembly (Himalya).0n the afternoon of the accident 4 rides were in the process of assembly and were in the area of the accident. 4- 3 man teams were working. 2 employees were working with the victim, Leonardo Telles, they were Octaviano Aguilera and Raymundo Gonzalez. The employees would have accessed the trailer for the conductor cable as the cable was stored inside the trailer.The employer knowledge that the fan guard was not on the engine was not conveyed to employees beyond the management level, the equipment was not taken out of service, nor was the trailer restricted to access. There was no communication given to the employees to stay away from the unguarded generator motor.The employer did not remove the equipment from service or render the equipment inoperable. The trailer unit was not marked with signage indicating authorized personnel only.The employees were not aware of the hazard of the unguarded generator motor. The employee that was injured began employment in April 2011. Eb. Classification: Serious Knowledge 5 or 0 Repeat? ill ful'.? First Repeat Second Repeat Repeat Penalty Severity Assessment: High: Death, permanent disability, irreversible illness Med: Temp reversible injuries/illness, hospitalization, limited disability Low: Temp reversible injuries/illness, no hospitalization Mini: Other than serious violations Probablin Assessment: #l-#lO Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposure:8 3. Employee Proximity25 4. Stress/Conditionsz2 5. Other Total:25 Average:6 I Event Event (.?urlt- Action Codi: Citation Type Penalty Abate Final Dar-r;- Dalt- Littler BIHprint(Rev 9/93) Page 5 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 005 EAdd transaction A Add I I I lBalrint(Rev. 9/93) Vermont Department of Labor Occupational Safety and Health Administration 9) Worksheet Thu Dec 29, 2011 11:23am Inspection Number 314219346 Opt. litsp. Number 049-11 Establishment lian Rock Amusements, Inc. dba Castlerock Type of Violation Serious Citation Number 01 Item/GrOUp 001 Number Exposed 10 No. Instances 'l REF Std. Alleged Vio. 1910.0142( 3) Abatement MultiStep Final Abatement Action TypetDal'es Permd PPE Period Plan Report 20 Abatement Doctitlientation Require-d I?D?lt?: Verifier] [Substance Codes i i IAVD/Variable Information: I 29 CFR Temporary labor campsite toilet rooms were not located within 200 feet of the door of each sleeping room: LOCATION: CastleRock: Temporary labor camp. Lamoille County Field Days. VIOLATION: The toilet room was not located within 200 feet of the sleeping room. The employer did not provide toilet 'acilities and stated the employees had access to the public facilities which were located across the fairground at a distance greater than 200 feet. Penalty Calculations Adjustment Factors Proposed Adjusted Severity Probability Gravity GBP Size Good Faith History Palm?? Low Greater 04 2500.00 60 0 0 1000.00 Repeat Factor 0 Employee. Exposure: Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration :8hrs lFrequertcy [daily Employee Name Leonardo Espiabarro Telles Address Phone - Rio Hondo, TX . Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8111's il?requency Idain Employee Name Valente Gabriel Address Phone I - Rio Hondo, TX . Occupation H2B laborer Employer Castlerock bit of Employees 21 Duration 8111's {Frequency daily Employee Name Guillermo Galindo Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr oi" Employees 21 Duration 8hrs lFreCluency [daily 9/93) Page 7 Rock Amusements, Inc. dba Castlerock Thu Dec 29, 2011 11:23am InSpection Nr. 314219346 Citation Nr. 01 Item/Group 001 Employee Name Ancelto Garcia Anrada Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration [Frequency ldaily Employee Name Angel Colotl Address Phone - Rio Hondo, TX Occupation H2B laborer Employer I Castlrock Nr of Employees 21 Duration iFrcquency [daily Employee Name Jaime Lopez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock of Employees 21 Duration lFrequcnc}; ldaily Employee Name Raymondo Gonzalez Address Phone - Rio Hondo,?TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration lFrequency daily Employee Name Fransisco Hernadez Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock Mr or Employees 21 Duration [Frequency dain- Employee Name Jesus Blanco Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock bit of Employees 21 Duration Sin-s Frequoncy daily Employee Name Octaviano Aquilera Address Phone - Rio Hondo, TX Instance Description: A. .lalazard 8. Equipment Location D. '13. Measurements 4. DatefTiine. 07/21/2011 1330 20. Instance Description - Describe the following: a) Employees did not have access to toilet facilities that were 200 feet from their sleeping rooms. The employees were required to use a public restroom which was approximately 350? from the sleeping rooms. The employees had no washing facilities within the temporary labor camp. The employees did have water that was connected to the trailer however it was not operational. The sleeping rooms had shower heads and sinks that appeared to be unused. b) Equipment: Toilet rooms. c) Location: CastleRock: Temporary labor camp. (1) Injury/Illness: Dysentary, lack of sanitation. e) Measurements: Visual, verbal, photo. 9/93) Thu Dec 29, 2011 11:23am Page 8 Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 001 El. Photu Number Location on Video 23. Employer Knowledge Yes, with reasonable diligence. 24. Comments (Employer, Employee, Closing Conference) The employer stated he was aware of the requirements for the temporary labor camp. The employer cited his experience through the years of attendance at the Lamoille County Field Days. The employer stated the employees had access to the public restrooms which were approximately 350? from the sleeping area or the employees could use the many portable toilets that were on the fair property. The employer stated there was water available at the camp site. The employer provided water through a portable hose connected to a potable water site that was connected to the trailer unit. 25. Other Employer Information The employees rooms had a shower and sink that appeared unused. A 5 gallon pail was in one shower and the sink contained items that appeared stored there. There did not appear to be disinfectant hand lotion or wash areas available. 3.6. Classification: Seritms Knowledge 5 [11' 0 Repeat"? Willful'.? Severity Assessment: High: Death, permanent disability, irreversible illness 0 Med: Temp reversible injuries/illness, hospitalization, limited disability Low: Temp reversible injuries/illness, no hospitalization Mini: Other than serious violations Probablity Assessment: Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposure:5 3. Employee Proximity:5 4. Stress/Conditions:5 5. Other Total:25 Average:6 First Repeat Second Repeat Repeat Penalty Event Event ("tide Action ('utle C'ilzltiun 'I'ype Penalty Abate Hui-ll Date Date Order Add transaction A Add Serious 1000.00 BllBIHprint(Rev 9/93) Vermont Department of Labor Occupational Safety and Health Administration Worksheet Thu Dec 29, 2011 11:23am lnspecrion Number 314219346 Opt. lnsp. Number 049-11 Establishment Name Rock Amusements, Inc. dba Castlerock Type of Violation Serious Citation Number 01 ItcnuGroup 002 Number Exposed 0 No. Instances 1 REC Std. Alleged Vin. 1910.0142( g) Abatement MultiStep Abatements Final Abatement Action TypefDates Permd i PPE Period Plan Report 20 Abaten-ient Documentatirm Required Date Verified [Substance Codes I [AVDHVariable Information: 29 CFR At temporary labor campsite, where electric service was available, each habitable room was not provided with at least one ceiling type light fixture and at least one separate ?oor or wall type convenience outlet: LOCATION: Sleeping quarters: CastleRock; Lamoille County Field Days. VIOLATION: The temporary labor campsite sleeping quarters did not have a ceiling type light fixture. The sleeping quarters had electric service to each room however there was no light fixture, only temporary "pigtails" that were attached with wire nuts. Penalty Calculations Adjustment Factors Proposed Adjusted Setterin Probability Gravity one Sire Cic-Utl Faith History Penalty: Medium Lesser 02 2000.00 60 0 0 800.00 Repeat Factor 0 [Employee Exposure: I Unstance Description: A. Hazard B. Equipment C. Location D. E. Measurements 1 4. DatelTitne 07/20/2011 1330 20. Instance Description Describe the following: a) Employees were exposed to the hazard of electrocution as the lighting in the sleeping quarters was not of the fixed, ceiling type. The lighting was a temporary light, a "pigtail" which consisted of a light socket connected to the conductors with wire nuts.The ceiling light was taped with electrical tape, the light socket was eXposed.The electrical service was 110v with the main breaker located at the rear of the sleepiing quarters.There were no outlets and portable power strips were used to Operate portable fans. A fan was fastened to the fire suppression unit. The light source conductor was covered with socks and was exposed and there was no means to prevent accidental contact. The "pigtail" hung down from the electrical service and had one light bulb socket. b) Equipment: Light fixture. B/lBalrint(Rev 9/93) r'age lU . Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 002 c) Location: CastleRock: Lamoille County Field DayszTemporary labor campsite sleeping quarters. d) Injury/Illness: Electric shock, burns. e) Measurements: Visual, verbal, photo. 21. Photo Number Location on Video 23. Employer Knowledge Yes, with reasonable diligence. 24. Comments (Employer, Employee, Closing Conference) The employer agreed the light fixture was not a light fixture and was temporary in nature. The employer stated he was not aware that the light fixture had been altered. The employer stated that the light fixtures were in the rooms and in good working order". The employer could not remember when he had seen the rooms last. The employer did not have an electrician on staff, normally the employer addressed issues with the sleeping area. The employer stated the employees must have "fooled around with the lights". The employer stated he did not conduct rountine inspections and relied on the employees to inform him of defective equipment.The employer stated he did not know where the "pigtails" came from, he did not recall putting them in. 25. Other Employer Information The employer is responsible for the maintenence of a safe and healthful workplace and temporary living quarters. The employees were dependent upon the employer for training, policy and any equipment they needed. The employees were not hired as electricians, they were hired as laborers. There was no policy in effect that indicated training in electrical hazards. Routine inpections were not conducted to determine serviceabili?ty of the equipment at the sleeping quarters. The condition of the light fixtures indicated that maintenence was not a priority. 2t). Classification: Serious Knowledge 5 or 0 Repeat? Willful'? Severity Assessment: High: Death, permanent disability, irreversible illness Med: Temp reversible injuries/illness, hospitalization, limited disability Low: Temp reversible injuries/illness, no hospitalization Mini: Other than serious violations Probablity Assessment: #l-#10 Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposure:4 3. Employee Proximity:5 4. Stress/Conditions:2 5. Other Total:21 Averagez? First Repeat Se.an Repeat Repeat Penalty lB/ lBIHprint(Rev 9/93) rage 11 Thu DEC 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 3142179346 Citation Nr. 01 Item/Group 002 Ian-cm Evcnl Cum: Actmn ('udt Penalty Ahab: Final Dam Dale Ol'dtrr Add transaction A Add 5 Serious 800.00 9/93) Vermont Department of Labor Occupational Safety and Health Administration Worksheet Thu Dec 29, 2011 11:23am Inspection Number 314219346 Opt. Insp. Number 049-11 Establishment Namc Rock Amusements, Inc. dba Castlerock Type of Violation Serious Citation Number 01 Itethroup 003 Number Exposed 11 No. Instances 1 REC Std. Alleged Vio. 1910.0142( 2) Abatement MultiStep Abatetnents Final Ahtll?m?ill Action Typei?Dates [Janna PPE Period Plan Report 20 Abatement Required IDate Verified lSutistance Codes I 1 Variable Information: _i 29 CFR Each room used for sleeping purposes in the temporary labor campsites shelter did not contain at least 50 square feet of ?oor space for each occupant: LOCATION: Castlerock: Lamoille County Field Days temporary labor camp. VIOLATION: The double occupancy rooms used for sleeping did not contain 50 square feet of floor space for each occupant. The sleeping room ?oor measured 6? Penalty Calculations Adjustment Factors Proposed Adjusted Severity Probability Gravity (EBP Size Good Faith History Pena?? Medium Lesser 02 2000.00 60 0 0 800.00 Repeat Factor 0 Employee Exposure: Occupation H2B laborer Castlerock Mr or" Empioyees 21 Duration 8111's fFrequency daily Employee Name Leonardo Espiabarro Telles Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nrof Employees 21 Duration 811129 Frequency [daily Employee Name Valente Gabriel 1 Address Phone - - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration Shi?s IFrequcncy [daily Employee Name Guillermo Galindo Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8111's [Frequency Jdaily 9/93)