STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES Division of Occupational Safety and Health PO Box 44600 • Olympia, Washington 98504-4600 September 8, 2015 KIEWIT GENERAL MANSON A JOINT VENTURE KIEWIT GENERAL MANSON A JV Carmen White & Jim Scheider 12720 I Street Omaha, NE 68137 OSHA #: 1046292 Inspection: 317935608 UBI: 603115299 Region: 2-Safety Inspector ID: Y2150 Reference: 102416070 Dear Employer: Enclosed are the results of the safety and health inspection of your workplace. This packet contains: · · · Citation Invoice – The total assessed penalty is $14,400.00 Citation and Notice of Assessment –Washington Administrative Code (WAC) Violations. Employer Appeal Rights – You have 15 working days to appeal this citation. You must immediately post this Citation and Notice of Assessment at or near where the violation(s) occurred, where employees can easily find and read it, or where employees normally receive posted information. All postings must remain until you have corrected all violations, or for three working days, whichever is longer. “Working day” means a calendar day, except Saturdays, Sundays and all legal state holidays. Because this inspection is public information, the result will be posted online 30 days after the above date by the Department of Labor & Industries. You may view it at https://secure.lni.wa.gov/verify/ . If you have questions, call the compliance supervisor, KYLE GRAYSON, at (206) 835-1062. Respectfully, Anne F. Soiza Anne F. Soiza Assistant Director Division of Occupational Safety & Health Enclosure(s) Invoice Inspection: 317935608 UBI: Legal Name: DBA Name: Inspection Site: 603115299 KIEWIT GENERAL MANSON A JOINT VENTURE KIEWIT GENERAL MANSON A JV 3101 Evergreen Point Rd, Medina, WA, 98039 Issued: Opening Conference: Closing Conference: Inspector ID: September 8, 2015 March 12, 2015 August 25, 2015 Y2150 Summary of Assessed Penalties Due The Citation and Notice of Assessment includes a full description of each violation. Violation Item 1-1 1-2 1-3 1-4 1-5 Violation Type Serious Serious Serious Serious Serious WAC WAC 296-155-689(4) WAC 296-155-24605(02)(a) WAC 296-155-235(4) WAC 296-155-235(3) WAC 296-155-350(1) Total Penalty Due Correction Due Date Not Applicable Corrected Corrected Corrected Corrected Penalty Amount $4,800.00 $4,800.00 $1,600.00 $1,600.00 $1,600.00 $14,400.00 PAYMENT INFORMATION _____________________________________________________ Payment is due 15 working days from receipt of this citation. Make check payable to the Department of Labor and Industries. Write Inspection number 317935608 on the check and mail to: Attn: DOSH Cashier Department of Labor and Industries PO Box 44835 Olympia, WA 98504-4835 Or deliver to: Any L&I office 1 Post This Document Citation and Notice of Assessment Inspection: 317935608 UBI: 603115299 Legal Name: KIEWIT GENERAL MANSON A JOINT VENTURE DBA Name: KIEWIT GENERAL MANSON A JV Inspection 3101 Evergreen Point Rd Medina, WA 98039 Site: Issued: September 8, 2015 Opening Conference: March 12, 2015 Closing Conference: August 25, 2015 Inspector ID: Y2150 Violation Type: Serious Violation 1 Item 1 WAC 296-155-689(4) The employer did not ensure that the appropriate fall protection system was implemented in accordance with chapter 296-155 WAC, Part C-1 during forming and stripping operations. In the following instances the employer did not ensure that the fall protection system in use was implemented properly: 1) One Employee put his lift vest over his fall protection 2) A carabineer being used to connect a retractable lanyard to anchor point is no long recognized as proper fall protection and does not meet the requirements of the ANIS standard. 3) The gate in the above carabineer used to connect the retractable to the anchor point was not locked during use. 4) One employee was working over 6 feet above his anchor point While working at approximately 60 feet or more above water, the potential injuries that could accrue from improper use of fall protection equipment could cause serious injuries resulting in permanent disabilities or death. Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties. Assessed penalty: $4,800.00 2 Post This Document Citation and Notice of Assessment Inspection: 317935608 Violation Type: Serious Violation 1 Item 2 WAC 296-155-24605(02)(a) The employer did not ensure that the inspection criteria for all components (including hardware, lanyards, and positioning harnesses or full body harnesses depending on which system is used) of personal fall arrest systems, personal fall restraint systems and positioning device systems were inspected prior to each use according to manufacturer's specifications for mildew, wear, damage, and other deterioration and defective components were not removed from service. The inspection check list used by the employer did not include the following checks required by the manufacture: 1) The housing and parts of retractable lanyard. 2) Labels/markings were present and legible. By not including all the inspection criteria recommended by the manufacture, defects would be missed and potential injuries that could accrue while using defective fall protection resulting in serious permanent disabilities or death. This violation was corrected during the inspection. Assessed penalty: $4,800.00 Violation Type: Serious Violation 1 Item 3 WAC 296-155-235(4) The employer did not ensure that a lifesaving skiff was immediately available. A life saving skiff was on site, but was not immediately available. Employees were working on the east side of the 520 bridge and no one knew where the skiff was located. This exposed employees to the risk of drowning in the event a rescue was necessary. This violation was corrected during the inspection. Assessed penalty: $1,600.00 3 Post This Document Citation and Notice of Assessment Inspection: 317935608 Violation Type: Serious Violation 1 Item 4 WAC 296-155-235(3) The employer did not ensure that the ring buoy provided by the employer on the new dock under the east end of the 520 bridge was equipped with at least 90 feet of line. No rope/line was attached to the ring buoy. Exposing employees to water hazard and only providing half the rescue equipment would make a rescue difficult and could result in injuries like over exposure to the elements. This violation was corrected during the inspection. Assessed penalty: $1,600.00 Violation Type: Serious Violation 1 Item 5 WAC 296-155-350(1) The employer did not ensure that all hand tools and similar equipment were maintained in a safe condition. In that, the safety latch on the hook of the chain hoist was missing. The safety latches are safety items installed by the manufacturer to help prevent items from coming off the hook. Two employees were exposed by using the chain hoist that was missing the safety latch on the hook, if the load on the hook were to slip off it could cause flying objects. This could result in a possible serious injury. This violation was corrected during the inspection. Assessed penalty: $1,600.00 4 Post This Document Appeal Rights Inspection: 317935608 For Employers If you are cited for a violation of Occupational Safety and/or Health rules, you have the right to appeal the citation. You have 15 working days from the date you receive this citation to appeal. (RCW 49.17.140(1)) "Working day” means a calendar day, except Saturdays, Sundays and all legal state holidays. Your appeal must be in writing. It may be mailed, faxed, or personally delivered. For violations classified as serious, willful, repeat serious, or failure to abate serious, an employer must correct the violations by the date listed on the Citation and Notice / Employer’s Certification of Abatement form unless a stay of abatement date is requested in the appeal as described on this page. A stay of abatement date means the employer’s requirement to abate or correct the hazard is put on hold until the appeal is resolved. All general and repeat general violations under appeal automatically have stay of abatement dates until a final order on those violations has been issued. If you only need an extension of an abatement date, please see the above section entitled, “If you are unable to fix the hazard(s) by the correction due date(s)”. Your appeal must include: · Name, address, telephone number, and fax number if available of the employer who is appealing, and for the employer’s representative, if any, such as an attorney or interpreter. · Inspection Number (You will find this nine-digit number in the top right corner of this page.) · Statement explaining: 1. What you think is wrong with the citation and any related facts. 2. How you think the citation should be changed. 3. What relief you are seeking and why. If you are requesting a stay of abatement date for serious, willful, repeat serious or failure to abate serious, you must also include: · Each violation and item number for which a stay of abatement date is requested; and · The reason for the stay of abatement date request. Note: Employees and/or employee representatives may elect to participate in appeal hearings. Posting requirement: You must post your appeal documents (along with this citation packet) until the appeal is resolved. You must also post all other documents related to this appeal. For Employees or Their Representatives If your employer is cited, you may only appeal the correction due date(s). Your appeal must include: · Your name, address, telephone number, and fax number if available and the same information for anyone who is representing you, if any. · Inspection number. · Statement explaining why the correction due date should be changed. Send all appeals to: Assistant Director for DOSH Attn: Appeals Program PO Box 44604 Olympia, WA 98504-4604 Fax to: (360) 902-5581 or deliver to: Any L&I office For more information call the Appeals Program: (360) 902-5486. 5 KIEWIT GENERAL MANSON A JOINT VENTURE KIEWIT GENERAL MANSON A JV Carmen White & Jim Scheider 12720 I Street Omaha, NE 68137 KIEWIT GENERAL MANSON A JOINT VENTURE KIEWIT GENERAL MANSON A JV Carmen White & Jim Scheider 12720 I Street Omaha, NE 68137