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Home My WebLink Abouthigh fac general-20150709161834.pdf NEW,p C7 � v ENT� New York State Department of Labor Public Employee Safety and Health Bureau New York PESH-Binghamton 44 Hawley St-Room 901 Binghamton, NY 13901-4409 Phone: (607)721-8211 FAX: (607)721-8207 Notice of Violation and Order to Comply To: Inspection Number: 315843581 Inspection Date(s): 02/15/2012-02/15/2012 Town Supervisor, Tn of Enfield Issuance Date: 05/09/2012 168 Enfield Main Rd CSHO ID: N0328 Ithaca, NY 14850 Inspection Site: The violation(s) described in this Notice of Enfield Tn Highway Dept Violation and Order to Comply is (are) 475 Enfield Main Rd alleged to have occurred on or about the Ithaca, NY 14850 day(s) the inspection was made unless otherwise indicated within the description given below. This Notice of Violation and Order to Comply (this Notice) describes violations of the Public Employee Safety and Health Act of 1980. You must abate the violations cited in this Notice by the dates listed below. An employer who wishes to file an appeal of the violation(s) cited, including but not limited to appeals which raise issues concerning the application of the cited standard(s) to the employer or to the violation(s) cited, as well as issues concerning the appropriateness of the abatement period(s), must do so within 60 days of the issuance date of this Notice by filing a petition with the Industrial Board of Appeals. Appeals of the violation(s) cited, including but not limited to appeals raising the issues listed above, will be considered time barred if not filed within the 60 day period. The details of such appeal process are set forth at 12 NYCRR Part 65 et seg and Section 101 of the Labor Law. Additional information may also be obtained from the Industrial Board of Appeals at their website: www.labor.state.ny.us/iba. Posting - The law requires that a copy of this Notice be posted immediately in a prominent place at or near the location of the violation(s) cited below. This Notice must remain posted until the violation(s) cited below have been abated, or for 3 working days (excluding weekends and State holidays), whichever is longer. Penalty Assessment - An employer that fails to correct a violation by its abatement date is subject to a PER DAY penalty assessment. We will assess a penalty of up to $50 per day for each non-serious violation, and up to $200 per day for each serious violation, until the violations are corrected. The penalty assessed for each violation will appear in the Failure to Abate notice. Notice of Violation and Order to Comply Page 1 of 9 NYPESH-2(Rev.4/12) Informal Conference - If an informal conference is requested, it must be made to the nearest PESH district office by telephone or letter, within 20 working days from the date of'issuance given on this Notice. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the PESH district office at the address shown above. Employer Rights and Responsibilities The enclosed booklet (DOSH-907) outlines additional employer rights and responsibilities and should be read in conjunction with this notification. Notice to Employees An employee (or an authorized employee representative) may object to the abatement date set for a violation if the employee believes the date to be unreasonable. The objection must be filed at the nearest PESH district office within twenty (20) working days (excluding weekends and State holidays) from the posting of this Notice. Notice of Violation and Order to Comply Page 2 of 9 NYPESH-2(Rev.4/12) New York State Department of Labor Inspection Number: 315843581 Public Employee Safety &Health Bureau Inspection Dates: 02/15/2012-02/15/2012 Issuance Date: 05/09/2012 Notice of Violation and Order to Comply Establishment: Enfield Tn Highway Dept Inspection Site: 475 Enfield Main Rd, Ithaca, NY 14850 Citation 1 Item 1 Type of Violation: Serious 29 CFR 1910.23 (c) (1) Every open-sided floor or platform 4 feet or more above adjacent floor or ground level shall be guarded by a standard railing (or the equivalent as specified in paragraph(e)(3) of this section) on all open sides except where there is entrance to a ramp, stairway, or fixed ladder. The railing shall be provided with a toeboard wherever, beneath the open sides, (i) Persons can pass, (h) There is moving machinery, or (iii)There is equipment with which falling materials could create a hazard. a. Maintenance garage, loft area, storage loft of over four feet high was not guarded by a toeboard with not more than one-quarter inch from the loft floor. The railing system in place measures at the top rail of 36 inches high and the toeboard that is four inches from the floor.The loading area is only protected by two loose chains which are only 27 inches high at their lowest point. Date By Which Violation Must be Abated: 08/06/2012 See pages 1 through 2 of the Notice of Violation and Order to comply for information on employer and employee rights and responsibilities. Notice of Violation and Order to Comply Page 3 of 9 NYPESH-2(Rev.4/12) New York State Department of Labor Inspection Number: 315843581 Public Employee Safety&Health Bureau Inspection Dates: 02/15/2012 02/15/2012 Issuance Date: 05/09/2012 Notice of Violation and Order to Comply Establishment: Enfield Tn Highway Dept Inspection Site: 475 Enfield Main Rd Ithaca, NY 14850 Citation 1 Item 2 Type of Violation: Serious 29 CFR 1910.23(d)(1)(iv): Flight(s) of stairs with 4 or more risers, more than 44 inches wide but less than 88 inches wide, were not equipped with one standard handrail on each enclosed side and one standard stair railing on each open side` a. Maintenance garage, stairs to loft area measured 46 inches wide, did not have a standard handrail on the enclosed side. Date By Which Violation Must be Abated: 06/25/2012 Citation 1 Item 3 Type of Violation: Serious 29 CFR 1910.106(b)(2)(vi)(b): Aboveground flammable liquid storage tank vent pipes terminated under a roof or cave. a.Fuel service area, gasoline storage tank, vent pipe terminated under the roof. Date By Which Violation Must be Abated: 06/25/2012 See pages 1 through of the Notice of Violation and Order to comply for information on employer and employee rights and responsibilities. Notice of Violation and Order to Comply Page 4 of 9 NYPESH-2(Rev.4/12) New York State Department of Labor Inspection Number: 315843581 Public Employee Safety &Health Bureau Inspection Dates: 02/15/2012 -02/15/2012 Issuance Date: 05/09/2012 Notice of Violation and Order.to Comply Establishment: Enfield Tn Highway Dept Inspection Site: 475 Enfield Main Rd Ithaca, NY 14850 Citation 1 Item 4 Type of Violation: Serious 29 CFR 1910.106(g)(3)(iii): A clearly identified and easily accessible switch(es), or a circuit breaker(s) was not provided at a location remote from dispensing devices at automotive service station to shut off the power to all dispensing devices in the event of an emergency: a. Fuel service area, the shut-off switch for the dispensing devices in the event of an emergency was not labeled to show their purpose. Date By Which Violation Must be Abated: 06/25/2012 Citation 1 item 5 Type of Violation: Serious 29 CFR 1910.212(b): Machine(s)designed for fixed location(s) were not securely anchored to prevent walking or moving: a. Maintenance garage, Duracraft drill press was not securely anchored to prevent walking or moving. Date By Which Violation Must be Abated: 06/25/2012 See pages 1 through 2 of the Notice of'Violation and Order to comply for information on employer and employee rights and responsibilities. Notice of Violation and Order to Comply Page 5 of 9 NYPESH-2(Rev.4/12) New York State Department of Labor Inspection Number: 315843581 Public Employee Safety&Health Bureau Inspection Dates02/15/2012 02/15/2012 Issuance Date: 05/09/2012 Notice of Violation and Order to Comply Establishment: Enfield Tn Highway Dept Inspection Site: 475 Enfield Main Rd, Ithaca, NY'14850 Citation 1 Item 6 Type of Violation: Serious 29 CFR 1910.303(b)(7)(i): Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings were not effectively closed to afford protection substantially equivalent to the wall of the equipment: a. Maintenance garage, LP panel has an unused opening at the bottom of the panel. Date By Which Violation Must be Abated: 06/25/2012 Citation 1 Item 7 Type of Violation: Serious 29 CFR 1910.303(b)(7)(iv) Damaged parts that may adversely affect safe operation or mechanical strength of the equipment, such as parts that are broken, bent, cut, or deteriorated by corrosion, chemical action, or overheating were not repaired or replaced: a. Fuel service area, gasoline pump emergency shut-off switch did not function. Date By Which Violation Must be Abated: 06/25/2012 Citation 1 Item 8 Type of Violation: Serious 29 CFR 1910.303(g)(2)(i): Live parts of electric equipment rated at 600 volts, nominal, or less, operating at 50 volts or more were not guarded against accidental contact by use of approved cabinets or;other forms of approved enclosures, or other means listed under this provision: a. Maintenance garage, PP1 panel had a loose cover, exposing conductors. Date By Which Violation Must be Abated: 06/25/2012 See pages 1 through 2 of the Notice of Violation and Order to comply for information on employer and employee rights and responsibilities. Notice of Violation and Order to Comply Page 6 of 9 NYPESH-2(Rev.4/12) New York State Department of Labor Inspection Number: 315843581 Public Employee Safety &Health Bureau Inspection Dates:_02/15/2012 -02/15/2012 Issuance Date: 05/09/2012 Notice of Violation and Order to Comply Establishment: Enfield Tn Highway Dept Inspection Site: 475 Enfield Main Rd, Ithaca, NY -14850 Citation 1 Item 9 Type of Violation: Serious 29 CFR 1910.305(g)(2)(iu): Flexible cords and cables were not connected to devices and fittings so that strain relief was provided that would prevent pull from being directly transmitted to joints or terminal screws: a. Maintenance garage,drop light in cage area had a broken strain relief. b. Maintenance garage, blue reel drop light had a broken strain relief. c. Maintenance garage, yellow extension cord had a broken strain relief. Date By Which Violation Must be Abated: 06/25/2012 See pages 1 through 2 of the Notice of Violation and Order to comply for information on employer and employee rights and responsibilities. Notice of Violation and Order to Comply Page 7 of 9 NYPESH-2(Rev. 4/12) New York State Department of Labor' Inspection Number: 315843581 Public Employee Safety &Health Bureau Inspection Dates: 02/15/2012 -02/15/2012 Issuance Date: 04/30/2012 Notice of Violation and Order to Comply Establishment: Enfield Tn Highway Dept Inspection Site:. 475 Enfield Main Rd, Ithaca, NY 14850 Citation 2 Item 1 Type of Violation: Nonserious 12 NYCRR Part 801.4: The log and summary of occupational injuries and illnesses, (SH 900 or equivalent) was not completed in the detail provided in the form and the instructions provided in SH 901 "Instructions for Recording and Reporting Public Employee's Occupational Injuries and Illnesses" a. The employer did not maintain the log and summary of Occupational Injuries and Illnesses. **VIOLATION WAS CORRECTED DURING IINSPECTION. Date By Which Violation Must be Abated: Immediately Upon Receipt Citation 2 Item 2 Type of Violation: Nonserious 29 CFR 1910.132(f)(4): The employer did not verify that each affected employee had received and understood the required training through a written certification that contained the names of each employee trained the date(s) of training, and that identified the subject of the certification: a. The employer could not document that training on PPE was conducted through written certification. Date By Which Violation Must be Abated: 06/25/2012 See pages 1 through 2 of this Notice of Violation and Order to Comply for information on employer and employee rights and responsibilities. Notice of Violation and Order to Comply Page 8 of 9 NYPESH-2(Rev.4/12) New York State Department of Labor Inspection Number: 315843581 Public Employee Safety &Health Bureau Inspection Dates: 02/15/2012 -02/15/2012 Issuance Date: 04/30/2012 Notice of Violation and Order to Comply Establishment: Enfield Tn Highway Dept Inspection Site: 475 Enfield Main Rd, Ithaca, NY 14850 Citation 2 Item 3 Type of Violation: Nonseri0US 29 CFR 1910.147(c)(6)(i) (D): Where tagout was used for energy control, the periodic inspection did not include a review between the inspector and each authorized and affected employee of the employee's'responsibilities under the energy control procedure being inspected: a. Lockout/Tagout equipment is in place,but annual training and inspections have not been documented. Date By VWhich Violation Must be Abated: 06/25/2012 G Robert J. Parker Supervising Safety and Health Inspector See pages 1 through 2 of this Notice of Violation and Order to Comply for information on employer and employee rights and responsibilities. Notice of Violation and Order to Comply Page 9 of 9 NYPESH-2(Rev.4/12)