IGEC 1.3 Rock Amusements, Inc. dba Castlerock Thu Dec 29, 2011 11:23am Inspection Nr. 314219346 Citation Nr. 01 Item/Group 003 Employee ante Ancelto Garcia Anrada Address Phone Rio Hondo, TX Occupation Owner/Maintenence Emplt-ryer Castlerock Nr of Employees 21 Duration 8hrs lFrequency idaily Employee Name Arthur Gilette Address Plume - Pitts?eld, MA Occupation H2B laborer Employer Castlerock Nr of- Etnployecs 21 Duration 8hrs [Frequency Idain Employee Name Ange] Colot] Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlrock Nr of Employees 21 Duration 8hrs [Frequency ldaily Employee Name Jaime Lopez Address Phone Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr ol" Employees 21 Duration 8hrs [FreqUency Idain Employee Name Raymondo Gonzalez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr ofEmployees 21 Duralion 8hrs IFreqnency Idain Employee 'anie Fransisco Hernadez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr ol? Employees 21 Duration 8hrs lFreqLIency [daily Employee Name Jesus Blanco Address Phone - Rio Hondo, TX OCcupatiou H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs lFrequency {daily Employee Name Octaviano Aquilera Address Phone - Rio Hondo, TX Instance Description: A. Hazard B. Equipment Location D. E. Measurements 4. Datef'Titue 07/20/2011 1330 20. Instance Description - Describe the following: a) The employees were exposed to crowded sleeping conditions. The employees were provided housing in a converted horse trailer with sleeping rooms that measured 6? Employee were required to double up in the rooms. b) Equipment: Sleeping quarters. c) Location: Castlerock: Lamoille County Field Days. (1) Injury/Illness: Contagion, tripping. fall hazards. 9/93) Page 14 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 003_ e) Measurements: Visual, verbal, photo. letn Number Location on Video 23. Employer Knowledge Yes, with reasonable diligence. 24. Comments (Employer, Employee, Closing Conference) The employer stated the sleeping area/rooms were converted horse trailers. The trailers were obtained from the race tracks in Florida and converted to use as sleeping/shower units. The employees had to double in some of the rooms, others were single occupancy. AThe rooms measured 6?8" The rooms had solid doors that locked by outside padlock. One small window 1? 2? was located on the back wall. The trailer was mobile and was set up at each fair site. 25. Other Employer Information The employer stated he was familiar with the requirements of temporary housing as he had dealt with issues before. The employer used the water hose as an example, he stated it was restaurant grade and was reccommended for use by a health The water hose was connected to a potable water supply. 26. Classification: SBl'ittUS nou'ledgc tar 0 Repeat? ill First Repeat Second Repeat Repeat Penalty Severity Assessment: 0 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: #1~#10 Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposurez? 3. Employee Proximityz? 4. Stress/ Conditions :4 5. Other Totalz24 Average:6 Event Event Code Action (.?nde {'itatittn Type Penalty Abate Date Date Order Add transaction A Add Serious 800.00 1 BIHprint(Rev 9/93) Vermont Department of Labor Occupational Safety and Health Administration Worksheet ?hu Dec 29, 2011 11:23am Inspection Number 314219346 Opt. lnsp. Number 049-11 Establishment Nam? Rock Amusements, Inc. dba Castlerock Type of Violation Serious Citation NUm-ber 01 004 Number Exposed 11 No. Instances REF Std. Alleged 1910.0142( b)(10) Abatement MultiStep Abatement-s Final Abalemenl Action 'I"ypefDateS PPE Period Plan Report 20 Abatement Documentation Required I Date Verified l'Suhstance Codes I 1 information: 29 CFR In temporary labor camps where cooking facilities were used in common, stoves (in a ratio of 1 to 10 persons or one stove to two families) were not provided in an enclosed and screened shelter: LOCATION: Castlerock: Lamoille County Field Days. VIOLATION: The temporary labor camp did not provide employees with an enclosed and screened shelter for the cooking toves. The employee cooking area was beneath a tarp that provided overhead cover. The area was not enclosed to prevent exposure to environmental elements such as dust and ?ying insects. Penalty Calculations Adjustment Factors Proposed Adjusted Severity Probability Gravity GBP Size Good Faith History Pena?? Medium Lesser 02 2000.00 60 0 0 800.00 Repeat Factor 0 Employee Exposure: Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Leonardo Espiabarro Telles Address Phone - Rio Hondo, TX Gecupation HZB laborer Employer Castlerock Nr of Employees 21 Duration 8hrs lFrequency lrlaily Employee Name Valente Gabriel Address Phone 1 - Rio Hondo, TX Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency lrlaily Employee Name Guillermo Galindo Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock of Employees 21 Duration 8hrs Jliretluency [daily 9/93) Page 16 Rock Amusements, Inc. dba Castlerock Ihu Dec 29, 2011 11:25am Inspection Nr. 314219346 Citation Nr. 01 Item/Group 004 Employee Name Ancelto Garcia Anrada Address Rio Hondo, TX Address Phone 1 - Rio Hondo, TX Occupation Owner/Maintenence Employer Castlerock Nrof Employees 21 Duration IFrequeney Idain Employee Name. Arthur Gilette Address Phone - Pittsfield, MA Occupation H2B laborer Employer Castlerock of Employees 21 Duration 8hrs IFrequeney Idaily Employee Name Angel Colotl Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlrock Nr of Employees 21 Duration 3111's IFrequeney Idain Employee Name Jaime Lopez Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration IFrequeney Idaily Employee Name Raymondo Gonzalez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs IFrequeney Idaily Employee Name Fransisco Hernadez Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration 8111's IFreoueney Idaily Employee Name Jesus Blanco Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration IFrequeney Idaily Employee Name Octaviano Aquilera Phone I - [Instance Description: A. Hazard 4. DatefTime 07/20/2011 1300 B. Equipment 20. Instance Description Describe the following: a) b) Equipment: Screened enclosure. (IT. Location Employees were exposed D. Ilileryi?Illness E. Measurements to the hazard of food contamination by the elements and insects. The employees regularly prepared their meals at a stove that was set up beneath a tarp that provided overhead protection but did not extend to cover the sides forming an enclosure. There was no barrier to prevent dust, rain, or ?ying insects from the food preparation area. 9/93) Page 17 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 004 c) Location: Castlerock: Lamoille County Field Days tempary labor camp. (1) Injury/Illness: Burns, bites, stings. 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 provided housing to 17 employees in the form of a temporary labor campThe employees were laborers, H2B employees hired from Mexico. The employees began employment in April 2011 and were to work for the duration until September 2011. The work was amusement ride assembly and disassembly. The work required travel from one location to another on a weekly basis setting up rides for local fairs in Vermont and other states on the east coast. The employer provided housing in the form of converted horse trailers that contained bedrooms,6?x 6?8"x 9? (some double occupancy) with showers and one small window. Each bedroom had a solid door that had padlocks on the outside. The housing unit did not appear to be connected to a municipal sewer and the employer stated he removed grey water from a holding tank. The employees shared a common area that was a cooking area with a stove and seating, covered with an overhead tarp. A box truck provided a compressor for refrigeration units. The employer was present during the walk around and stated he thought the total area for the sleeping quarters was adequate. The employer stated he was familiar with the requirements for housing as the topic had come up before. The employer stated the employees used the toilet facilities provided by the Lamoille County Field Days, permanent and portable. The converted horse trailer did not have toilet facilities. The employer stated he conducted maintenence on the unit when problems were brought to his attention. The lighting fixtures were always a problem as the employees ?fo'oled with them". Several ceiling light fixtures were not permanent wiring but were "pigtails" that are commonly used at construction sites or forlighting of a temporary nature. The employer was not aware the metal walkWay was loose and the utility cabinet was open to the elements. 25. Other Employer Information The employer agreed the stove should be in an enclosed area and stated he would construct one. 2f). Classification: Serious Knowledge or 0 Repeat? Willful'? l-?irst Repeat Secmid 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 Probablity Assessment: #l?#10 Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposure:5 3. Employee Proximityz5 4. Stress/Conditions:0 5. Other 9/93) Page 18 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 004 T0tal:20 Average:5 Event Excm let' Com.- ("Hmmn Type Pcllahy Mauls Final Dale Date Order Add transaction A Add Serious 800.00 BIHprint(Rev. 9/93) Vermont Department of Labor Occupational Safety and Health Administration Worksheet Thu Dec 29, 2011 11:23am lnspeetit'in Number 314219346 lOpt. lnsp; Number 049-11 Establishment Name Rock Amusements, Inc. dba Castlerock 'l?ype of Violation Willful Citatiort Number 01 GroUp 1 005 Number Exposed 12 No. Instances REC Std. Alleged Vin. 1910.0212( 5) Abatement MultiStep Abate-merits Iiinal Abatement Action PPE Period Plan Rupert 20 Abatement Doeumentatimt Reunited Date Verified [Substance Codes I i [AVDIVariable information: i 29 CFR Fan blade guard(s) were not provided where the periphery of the blades was less than seven feet from the floor or working level: LOCATION: Lamoille County Field Days; Castlerock amusement ride. VIOLATION: Fan blade guard(s) were not provided where the periphery of the blades was less than seven (7) feet from the loor or working level.The equipment requiring the fan guard was located on the ?oor with the periphery of the fan blades being approximately 3? above the ?oor. The fan guard was removed, exposing employees to the hazard of the rotating fan blades while working in Close proximity. Penalty Calculations Adjustment Faetors Proposed Adjusted Severin Prtiibability Gravity GBP Sine Good Faith History Pauli." I High Greater 10 70000.00 50 0 0 35000.00 Repeat Faetor 0 Employee EKPOSUTB: Occupation HZB laborer Employer Castlerock Ni of Employees 21 . Duration 8hrs lFrequenCy [daily Employee Name Leonardo ESpiabarro Telles Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock bit of Employees 21 Duration 8hrs lFrequeney ldaily Employee Name Valente Gabriel Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock of Employees 21 Duration 8hrs IFrequeney Idaily Employee. Name Guillermo Galindo Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock 1 BIHprint(Rev 9/93) Thu Dec 29, 2011 11:23am Pa 6 2U Cristal Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 005 Nr of Employees 21 Duration 8hrs [Frequency [daily Elliployee Name Ancelto Garcia Anrada Address Phone - Rio Hondo, TX Qccupation Owner/Maintenence Employer Castlerock Nr of Employees 2] Duration 8hrs [Frequency [daily Employee Name Arthur Gilette Address Phone - Pittsfield, 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 [Frequency [daily Employee Name Jaime Lopez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs Frequency daily Employee Name Raymondo Gonzalez Address Phone Rio Hondo, TX Occupation H2B laborer Employer Castlerock of Employees 21 Duration 8hrs [Frequency [daily Employee Name Fransisco Hernadez Address Phone - Rio Hondo, TX Occupation Manager Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Robert W. Leonard Address Phone - Pittsfield, MA 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 Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Octaviano Aquilera Address Phone - Rio Hondo, TX Instance Description: A. Hazard cl. Datcr?Time 07/19/11 1815 B. Equipment C. Location D. E. OSHA- B/lBalrint(Rev 9/93) Measurements Page 21 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 periphery of fan blades which were less than seven (7) feet from the trailer ?oor. The fan guard had been removed and was located beneath a coil of conductor.The fan blades were exposed and at a a height approximately 36" or waist height. Employees rountinely were exposed to the hazard of coming into contact with the unguarded fan blades (6 ea 4? 12") located on a diesel Catepillar engine (3406C 9OU17981) which was on the ?oor at the rear of a tractor trailer 52? 9? Catepillar engine was located at the rear of the trailer close to the overhead door which was open. The rear of the trailer was 4?8" above ground.Access to the trailer could be gained by stairs located at the midsection or through the rear overhead door.Access to the trailer was unrestricted.The employees were laborers whose duty was to perform assembly and dissassembly of the amusement rides (13). The engine was running to provide power for those rides that required power to assemble (Himalaya). The Catepillar engine would run continuously during the time the rides are all operational and in use. The unguarded fan blades (6) 4" 12" were at approximately waist height and the distance between the unguarded fan blades and the wall of the trailer was approximately 24". The space between the unguarded fan blades and the trailer walls was diminished due to a portable table (approx. 36" 60?) which was propped on its side on top of a coil of conductor cable (approx. 20" deep) and other conductor loosely coiled on the ?oor of the opposite side of the trailer. Employees routinely passed within inches of the unguarded blades in the course of their duties of assembly and disassembly of amusement rides which would have required the use of the conductor cable that lay coiled beside the generator with the portable table atop and the other loosely coiled conductor. The fan blades were powered by . a Caterpillar diesel engine 9OU179814N2238) with an operational range of 2320 at High Idle and 2100 at Full Load. The engine and components are referred to as a generator set and were located behind and to the center of the rear overhead door of the trailer. The fan. rotational drive was provided by 3 unguarded pulleys with belts (approx. 1 The trailer was parked in an east/west orientation. Entry to the trailer was provided by a portable stairway located midway of the trailer on the north side. . One employee went into the trailer unit allegedly in search of an electrical adaptor or additional conductor. The trailer unit was an over the road box trailer (52?1 and served as the power transmission unit for the amusement rides. The trailer contained the geneator set located in the rear of the trailer with a 200 gallon fuel tank about midway to the right as one entered via the portable stairway, and to the right was storage of varying type. The accident occurred at the left side of the generator set (facing west) whereby it appears that an employee came into contact with the fan blades possibly via entanglement with the pulley/belt system. The employee became entrapped and the fan bladed struck his body axially in the area between his neck/shoulder and buttocks causing massive trauma to the tissue and organs. b) Equipment: Machine guards. c) Location: Castlerock: Trailer (Florida C6520V) unit containing the power-transmission unit. (1) Injury/Illness: Death, fracture, laceration. e) Measurements: Visual, verbal, photo. 21. Photo Number I Location on Video 23. Employer Knowledge Yes, with reasonable diligence. 24. Comments (Employer, Employee, Closing Conference) The employer (owner) described the equipment as a generator unit powered by a diesel engine. The employer stated the "fan portion of the engine radiator" had a guarding mechanism.The employer stated that he was aware of the guarding requirements as he had been in the carnival business for a number of years and relied on generator units. The employer stated he knew the equipment needed to be guarded to prevent injury.The employer described the guard as a "shroud" that was located at the rear of the generator unit. The employer was asked if the guard was in place at the time of the accident and the employer stated the fan guard had been 9/93) Page 22 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 005 removed as it had broke and was located on the ?oor of the trailer under a coil of conductor. The employer stated the fan guard was attached and operational while in use at the last location. The employer stated the weld holding the "shroud" had broken during transport and had been removed 2 days earlier (Sunday). The employer stated the guard had broken during transport from one location (Bradford) to current location (Johnson).The operations manager agreed that the guard had been Operational on the Sunday prior. The employer did not provide maintenence records for the generator set. 25. Other Employer Information The employer (owner) stated he was going to repair the guard the morning of the accident however he was informed that a vehicle had broken down and he needed to send 2 employees (the manager and another employee) to fix and return with the vehicle. The employer stated he deeply regretted that he did not fix the broken guard. The employer stated there was no written safety and health program as "these guys have been doing this for years? and the employer did not see the need. The employer stated the employees knew about generator sets and power sources as they were experienced at amusement ride assembly and disassembly.The employer did not pr0vide safety and health training. The employer did not have a safety and health program as it related to power transmission, machine guarding,lock/out tag/out, hazard recognition and avoidance. The employer stated the employees were hired as laborers.The employer did not conduct safety training and when the employer was asked what type of training he provided he replied "none, they are hired as laborers" The employer asked "how can you train these guys" "do you train someone to eat a hotdog?"The employees stated they learned from one another, they were working in teams and one person was the leader of the group.The employees did not recall seeing a guard on the fan area. There were 2 individuals that had the most experience and they had worked with the employer the longest. The employees primary language was Spanish with some able to understand and speak english. The group recognized 2 leaders of the labor group and relied on the experienced laborers to provide guidance and interpretation. 2t}. Classification: Serious: Knowledge 5' or 0 Repeat? Will l'ul'i' 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 Probablity Assessment: #l-#10 Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposure:8 3. Employee Proximity:5 4. Stress/C0nditions:2 5. Other Total:25 Averagez? "vent Event Code Action {Trude Citation Type Penully Final ate Dan: Order Add transaction A Add Willful 35000.00 9/93) Vermont Department of Labor Occupational Safety and Health Administration Worksheet Thu Dec 29, 2011 11:23am inspection Number 314219346 Opt. lnsp. Number 049-11 Establishment Name Rock Amusements, Inc. dba Castlerock Type of Violation Willful Citation Number 01 'ltentt?Group 006 Number Exposed 12 No. Instances 1 REC Std. Alleged Vio. 1910.0219( 1) Abatement MultiStep Abatements Final Abatement Action "l'yper?Dates Purim PPE Period Plan Report 20 Abatement Documentation Required Date Verified ISubstance Codes ?l . ?l A V'Dr?ir?ariable Information: 29 CFR Pulley(s) with part(s) seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified at 29 CFR 1910.219(m) (0): LOCATION: Lamoille County Field Days; Castlerock. VIOLATION: Pulley(s) with parts which were seven (7) feet or less from the ?oor of the power transmission trailer were not guarded in accordance with the standards specified in paragraphs and of 1910.219 subpart O. Pulleys were at ankle and chest height and unguarded. Penalty Calculations Adjustment Factors Proposed Adjusted Severity Probabilin Gravity GBP Size Good Faith l-lislt?try Pen'dlli' High Greater 10 70000.00 50 0 0 35000.00 Repeat Factor 0 Employee Exposure: Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration [Frequency daily Employee Name Leonardo Espiabarro Telles Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration {Frequency ildaily EmployeeNtune Valente Gabriel Address Plioth - Rio Hondo, TX Occupation H23 laborer Employer Castlerock Nr of Employees 21 Duration Stirs [Frequency daily Employee Name Guillermo Galindo Address Phone - Rio Hondo, TX Occupation H2B laborer_ Employer Castlerock OSHA-1 1 Balrint(ReV 9/93) Page 24 Rock Amusements, Inc. dba Castlerock Thu Dec 29, 2011 11:23am Inspection Nr. 314219346 Citation Nr. 01 Item/Group 006 Nr of Employees 21 [Duration [8hrs [Frequency [daily Employee Name Ancelto Garcia Anrada Address Phone - Rio Hondo, TX Occupation Owner/Maintenence Employer Castlerock of Employees 21 Duration 8hrs [Freouency [daily Employee Name Arthur Gilette Address Phone - Pitts?eld, MA Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Angel Colotl Address Plume - Rio Hondo, TX Occupation H2B laborer Employer Castlrock NI oi?Etuployecs 21 Duration 8hrs [Frequency [daily Employee Name Jaime Lopez Address Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr 01" 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 Address Phone - Rio Hondo, TX Occupation Manager Employer Castlerock Nro'f Employees 21 Duration 8hrs [Frequency [daily Employee Name Robert W. Leonard Address Phone - Pitts?eld, MA Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Jesus Blanco Address Phone - Rio Hondo, TX .OccUpalien HZB laborer Employer Castlerock Nr er Employees 21 Duration 8hrs [Frequency [daily Name Octaviano Aquilera Phone - Address Rio Hondo, TX [instance Description: A. Hazard 4. Datcr'Time 07/19/11 1820 B. Equipment . Location D. 9/93) E. Page 25 Thu Dec 29, 2011 11:23am Rock Amusements. Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 006 20. Instance Description - Describe the following: a) Employees were exposed to the hazard of entanglement in the pulleys (5) of a a power-transmission unit. The employees were exposed as they conducted the routine tasks of assembly and disassembly of amusement rides. The employees were exposed to the hazard as they passed within close proximity (approximately 24?) to the pulley/belt system of a catepillar generator set(operated continually) which was on the ?oor of a tractor trailer.The generator set consisted of a Catepillar diesel engine 8# 9OU17981, "connected to a generator, Magna One AC were no guards or enclosures on the diesel engine. The belt and pulley at he alternator area were at ankle height and exposed. If one were to walk by the area they would be within inches of the alternator belt and pulley.One employee became entangled as it appears his clothing made contact with the belt and pulley of the alternator. Clothing was visible throughout the engine and particularly in the alternator pulley and the 3 pulleys located at the fan drive shaft. The employee was subsequently brought into contact with the unguarded fan whereby he sustained fatal injury to the torso area. . b) Equipment: Pulleys. c) Location: Castlerock: Trailer (Florida C6520V) unit which was the power transmission trailer for the amusement rides. d) Injury/Illness: Death, fracture, laceration. 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 stated that he (owner) was responsible for all the equipment used at CastlerockThe employer stated the generator set had all the guards it needed.The employer staed the fan guard had broken and was to be repaired. The employer did not convey safety warnings or provide training to the laborers. The employer did not provide training to the employees.The employer was not concerned with training and stated the employees had experience, "they were mechanically inclined and would figure things out?, the employer asked the CSHO if she had ever seen "the streets of Mexico, cars were stolen and dissassembled with just the frames left on the street" The employer responded to the question of training with do you have to train someone to eat a hotdog?". The employer was indifferent to the training requirements and showed no empathy or motivation to change his attitude regarding training and safety and health in general. 25. Other Employer Information The employer (owner) stated that he was responsible for the equipment aquisition and maintenence. The employer stated he owned the Catepillar generator set.The employer did not provide routine maintenence records or daily inspection logs.The employer did not provide manufacturers operational manuals _or provide maintenence records. The employer stated that he either performed repairs to the equipment or he contracted to local mechanical support or exchanged equipment with the reserve he may have at his place of business or through the carnival network. The employer removed the trailer containing the generator set and replaced with another unit that was enclosed.S#. 2.6. Classification: Serums Knowledge 5 or 0 Repeat"? Willful? First Repeat Second Repeat Repeat Penalty 1 BIHprint(Rev 9/93) Page 26 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 006 Severity Assessment: High: Death, permanent disability, irreversible illness Med: Temp reversible injuries/illness, hOSpitalization, limited disability 0 Low: Temp reversible injuries/illness, no hospitalization Mini: Other than serious violations Probablity Assessment: #1-#10 Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposure:8 3. Employee Proximityz5 4. Stress/Conditions:2 5. Other Totalz25 Averagez6 Ewnl Ex um C'ntll: Autiun Code (?imtlun Type Penalty Allah: Final I'Jalt' [hue - Ur'Ller Add transaction A Add Willful 35000.0? lBalrint(Re-v 9/93) Vermont Department of Labor Occupational Safety and Health Administration 9) Worksheet Fhu Dec 29, 2011 11:23am Inspection Number 314219346 Opt. Insp. Number 049-11 Establishment Name Rock Amusements, Inc. dba Castlerock Type of Violation Willful Citation Number 01 ItemiGroup 007 Number Exposed 12 No. Instances 1 REC Std. Alleged Vio. 1910.0219( m) Abatement MnltiStep Final Abatement Action Typei'Dates Pam-Id PPE Period Plan Report 20 Abatement Doetnnentatinn Required Date Verified ISubslanee Godot: i E?Dtvariable lnft'n'mation: 4] 1910.219 (Hi) Standard guards-general requirements-( 1) Materials. i) Standard conditions shall be secured by the use of the following materials. Expanded metal, perforated or solid sheet metal, wire mesh on the frame of angle iron, or iron pipe securely fastened to ?oor or to frame of machine. LOCATION: Lamoille County Field Days; Castlerock amusement ride generator set. VIOLATION: Standard guarding was not in place to prevent the hazards associated with pulleys and Catepillar engine belt and pulley system was not' guarded to prevent contact, Penalty Caleulations Adjustment Faetors Proposed Adjusted Severity Probability Gravity Size Good Faith History Pena?? High Greater 10 70000.00 50 0 35000.00 Repeat .Faetor 0 Employee Exposure: Oeeupatitm H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs iFrequency [daily Employee Name Leonardo Espiabarro Telles Address Phone - Rio Hondo, TX Oeettpation H2B laborer Employer. Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Valente Gabriel Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 2] Duration 8hrs lFrequeney Idain Employee Nan'ie Guillermo Galindo Address Phone - Rio Hondo, TX occupation H2B laborer jEmployet Castlerock 9/93) Thu Dec 29, 2011 11:23am Pa 28 Cristal Rock Amusements, Inc. dba Castlerock Inspection Nr. 314219346 Citation Nr. 01 Item/Group 007 Nr Employees 21 [Duration 8hrs [Frequency [daily Employee Name Ancelto Garcia Anrada Address Phone - Rio Hondo, TX Occupation Owner/Maintenence Employer Castleroek NI of Employees 21 Duration 8hrs [Frequency [daily Employee Name Arthur Gilette Address Phone - Pitts?eld, MA Occupation H2B laborer Employer Castlerock NI of Employees 21 Duration 8hrs [Frequency [daily Employee Name Angel Colotl Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlrock Nr ol?Employees :21 Duration 8hrs [Frequency [daily Employee Name Jaime Lopez Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Raymondo Gonzalez Address Phone - Rio Hondo, TX Occupation HZB laborer Employer Castlerock 'Nr ol Emplt-iyees 21 Duration 8hrs [Frequency [daily Employee Name Fransisco Hernadez Address Phone - Rio Hondo, TX Occupation Manager Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Robert W. Leonard Address Phone - Pittsfield, MA Occupation H2B laborer Employer Castlerock of Employees 21 Duration 8hrs [Frequency [daily Employee Name Jesus Blanco Address Phone Rio Hondo, TX Occupation H2B laborer Employer Castlerock N: of Employees 21 Duration 8hrs [Frequency [daily Employee Name Octaviano Aquilera Address Phone - Rio Hondo, TX [Instance Description: A. 1-1 azard Ll. Datet'l?ini'e 07/19/11 1830 B. Equipment C. Location D. 9/93) E. Measurements Vermont Department of Labor Occupational Safety and Health Administration Worksheet .?hu Dec 29, 2011 11:23am Inspection Number 314219346 Opt. Inspi Number 049-11 Establialml?m Rock Amusements, Inc. dba Castlerock 'l'ype of Violation Willful Citation Number 01 ltenn? Group 008 Number Exposed 12 No. Instances 1 REC Std. Alleged Vin. 1910.0219( 0) Abatement MultiStep Abatements Final Abatement Action Type-Dates PPE Period Plan Report 20 Abatement Documentation Required Dale Verified [Substance Cortes IAVDtVariahle Information: materials-(1) Minimum requirements. The materials and dimensions specified in this paragraph shall apply to all guards, except horizontal overhead belts, rope, cable, or chain guards more than seven(7) feet above the floor, or platform. LOCATION: Lamoille County Field Days; Castlerock amusement rides. The material used to support the guarding of equipment was not in accordance with this partThe weld that was used on the fan guard was not sufficient to adequately support the guard. The weld broke and the metal supporting the guard was hanging down in the area of the fan. Penalty Calculations Adjustment Factors Proposed Adjusted Severity Probability Gravity GBP Size Good Faith History Pal-31'3" High Greater 10 70000.00 50 0 0 35000.00 Repeat Factor 0 Employee Exposure: Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration Bht's Frequenegt= daily Employee Name Leonardo Espiabarro Telles Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration Stirs ?Frequency [daily Employee Name Valente Gabriel Address Phone Rio Hondo, TX Oeeupation H2B laborer Employer Castlerock Nr of Employees 21 Duration Shi?s IF't'equeney [daily Employee Name Guillermo Galindo Address Phone 1. - Rio Hondo, TX Occupation H2B laborer Employer Castlerock 9/93) Page 52 Rock Amusements, Inc. dba Castlerock Thu Dec 29, 2011 11:23am Inspection Nr. 314219346 Citation Nr. 01 Item/Group 008 Rio Hondo, TX Nr of? Employees 21 Duration 8hrs [Frequency [daily Employee Name. Ancelto Garcia Anrada Address Phone - Rio Hondo, TX OecuPation Owner/Maintenence Employer Castlerock 'Nr of Employees 2] Duration 8hrs [Frequency [daily Employee Name Arthur Gilette Address Phone - 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 [Frequency [daily Employee Name Jaime Lopez Address Phone - Rio Hondo, TX Occupation H2B laborer Employer Castlerock bit of Employees 21 Duration 8hrs [Frequency [daily Employee Name Raymondo Gonzalez Address Phone Rio Hondo, TX Occupation H2B laborer Employer Castlerock hit of Employees 21 Duration 8hrs [frequency [daily Employee Name Fransisco Hernadez Address Phone 1 - Rio Hondo, TX Occupation Manager Employer Castlerock Nr of Employees 21 Duralion 8hrs [Frequency [daily Employee Name Robert W. Leonard Address Phone Pitts?eld, MA Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Name I Jesus Blanco Addretis Phone 1 - Rio Hondo, TX Occupation H2B laborer Employer Castlerock Nr of Employees 21 Duration 8hrs [Frequency [daily Employee Name Octaviano Aquilera Address Phone. - Unstanee Description: A. Hazard 4. Dateil?l?ime 07/19/11 1840 13. Equipment C. Location D. 9/93) F. easurctnems Page 33 Thu Dec 29, 2011 11:23am Rock Amusements, Inc. dba Castlerock In3pection Nr. 314219346 Citation Nr. 01 Item/Group 008 20. Instance Description - Describe the following: a) Employees were exposed to the hazards associated with no guarding or guarding material and methods. that was not standard. The methods used to attach a length of metal (welding) was not sufficient to prevent the failure of the weld. The length of metal that allegedly supported the fan guard was suspended in the air in close proximity to the rotating fan blades and posed a threat to employees in the area.The guarding mechanism was not attached to the Catepillar engine exposing employees to the fan blades. Employees regularly came into close proximity with the Catepillar engine in the course of their duties of assembly/dissassembly of amusement rides(13). The employees had access to the area of the Catepillar engine(S#OU17981) and were required to move coils of conductor that was stored on either side of the engine and within inches of the fan blades.One employee was fatally wounded as he came into contact with the fan blades.The employee was exposed as he attempted to access conductor cable which was laying in a loose coil beside the engine. Interviews indicate the employee went to the trailer in search of either an adaptor or conductor.Employees were in the area and heard the employees cries for help. The employees heard the Catepillar engine power down. One employee entered the trailer unit and saw the injured employee standing at the area of the radiator of the engine. The employee wanted to help but the employer told him to stay clear until the power was turned off. The injured employee then fell to the trailer ?oor between the conductor and the engine. The employee had been struck by the fan blades and his clothing was entangled in the pulleys and belts that connected to the fan shaft.The employee had sustained trauma to the torso area resulting in tissue and blood loss. b) Equipment: Guarding: approved materials. c) Location: Castlerock: Trailer (Florida C6520V) unit which contained the power transmission unit. d) Injury/Illness: Death, fracture, lacerations. e) Measurements: Visual, verbal, photo. Photo Number Education 1m Video 23. Employer Knowledge Yes, with reasonable diligence. 24. Comments (Employer, Employee, Closing Conference) The employer stated he became aware of the weld break on Sunday, July 17, 2011, he thought it broke during transit. The employer stated the guarding was in plaCe during operation which ended on Sunday, July 17, 2011, in Bradford, Vt. The employer stated he may have performed the welding work himself or it may have been done by his relatives or another amusement ride business. The employer could not recall as he stated the equipment is moved around the country as each amusement ride business helps Out each other. The employer stated the metal weld was repairable and he had planned to repair the weld the morning of the accident Tuesday, July 19, 2011.The employer stated he was going to contact a "local" as he did not have the welding equipment necessary for the work. The employer stated he had not had the time to contact anyone to perform the work. The employer did not inform the employees of the defective equipment guard. The equipment (engine) was not taken out of service. The equipment was not marked as defective nor was lock/out tag/out in effect. The employees did not know there was a problem with the guard and stated the guard had not been in place. The employees were told that one person was in charge of starting/stopping the Catepillar engine(S#UOl7981) and they (employees) were tasked with setting up the amusement rides. The employees had varying degrees of experience, 2 employees had just recently been hired. The employer stated that he used a local mechanic that he had done business with "for years" named "Bo" Patch that had a local garage. A representative of the local garage was on site (repair of a vehicle) but refused to identify himself or participate in an interview. The employer stressed the fact that he had been doing business in the area for 10 plus years and he had made a lot of contacts and was able to get "things done" through local assistance. 25. Other Employer'lnformation The employer stated it was difficult to locate local contractors that were equipped to weld. On Wednesday, July 20, 2011 the employer was observed meeting with a local mechanic whom he identified as an employee (mechanic) of B0 Patch?s (local garage) with whom he had done business for "more years than I can remember" .The mechanic was on site to address vehicle concerns, the employer stated the mechanic was working on the truck that had broken down the morning of the accident.The operations manager was aware 9/93) Thu Dec 29, 2011 11:233m Page '34 Inspection Nr. 314219346 Citation Nr. 01 Item/Group 008 Rock Amusements, Inc. dba Castlerock of the broken weld but did not act to correct. The employees (laborers) were not in a position to affect corrective action. The nature of the employee/employer relationship appeared to be of an employer hiring employees(H2B) from another country, providing work and room and board. The employees were isolated from their friends and family and were dependent upon the employer for their work (the employees sent their wages home weekly) their housing and meals and health care. The employees indicated they were concerned about losing their jobs, and they appeared to rely upon each other within their group of laborers. The laborers lived in temporary housing (converted horse trailers) provided by the employer. The housing included refrigerators and stoves the employees could use to prepare their meals, access to local markets was provided. The employees shared a common area beneath a tarp. Eli. Classi?cation: Serums Knowledge 5 or 0 Repeat? Willt'ul'.? First Repeal Seman Repeal Repeal 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 Probablity Assessment: 1-#10 Rating Rationale 1. Number of Employees: 10 2. Frequency of Exposurez8 3. Employee Proximity:5 4. Stress/Conditionsz2 5. Other Total:25 Average:6 liven! Event Curio L?tlde ("ltullril'l Type Penalty Abate Flnal Dale Hall: I Urtler Add transaction A Add Willful 35000.00 OSHA- IB/lBIHprint(Rev 9/93) a z: mull/r? mpioyer may have semmitted a violation with wk - .5 ?gl plain indifference to the iaw where: In 1.45 Zi-iighei? management were aware QSHA seguirement eompany?s business but made little er no eitert to communicate the g?eesiremen?i ie iewer supewisei?s and employees. Company officiais were aware of a continuing compliance problem but made little or no effort to avoid violations. An employer representative was not aware of any iegal requirement, but was aware that a condition or practice was hazardous to the safety er health of employees and made little or no effort to deiermine the extent of the problem or to take the corrective action. Knowledge of a hazard may be gained from such means as insurance company reports, safety committee or ether internal reports, the occurrence of illnesses or injuries, media coverage, or, in some cases, complaints of employees or their repre entatives. UL In particularly ?agrant situations, willfulness can be found despite lack of knowledge of. either a legal requirement or the existence of a hazard if the circumstances show that the employer would have placed no importance on such knowledge even if he or she had possessed it, or had no concern for the health or safety of employees. SERIOUS (1) Section 17 of the Act provides . . a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.?