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Inspection Detail
Note: The following inspection has not been indicated as closed. OSHA citation items will be posted 30 (thirty) days after the employer receives the citation(s), except in cases of significant public interest. Posted citation items reflect any amendments to citations that are the result of a prompt settlement, which OSHA encourages. Employers and employee representatives will continue to receive copies of the citation(s) upon issuance.
Inspection: 1757309.015 - 789 Incorporated
Inspection Information - Office: Cleveland Area Office
Site Address:
789 Incorporated
30700 Carter Street
Solon, OH 44139
Mailing Address:
6750 Brookpark Rd, Cleveland, OH 44129
Union Status: NonUnion
SIC:
NAICS: 238910/Site Preparation Contractors
Inspection Type: Fat/Cat
Scope: Complete
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 06/25/2024
Emphasis: N:Trench
Case Closed:
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 2178049 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 2 | 2 | 4 | |||
| Current Violations | 1 | 2 | 3 | |||
| Initial Penalty | $12,904 | $0 | $0 | $5,532 | $0 | $18,436 |
| Current Penalty | $4,734 | $0 | $0 | $2,766 | $0 | $7,500 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 19260020 B02 | 09/23/2024 | 10/11/2024 | $0 | $6,452 | $0 | I - Informal Settlement | Citation has been deleted. | |
| 2. | 01002 | Serious | 19260021 B02 | 09/23/2024 | 10/11/2024 | $4,734 | $6,452 | $0 | I - Informal Settlement | ||
| 3. | 02001 | Other | 19040004 A | 09/23/2024 | 10/11/2024 | $461 | $922 | $0 | I - Informal Settlement | ||
| 4. | 02002 | Other | 19040039 A01 | 09/23/2024 | $2,305 | $4,610 | $0 | I - Informal Settlement |
Investigation Summary
At 6:30 p.m. on June 21, 2024, an employee working as a laborer for a site preparation contractor was operating a Lay-Mor Steel Drum Roller on a private commercial property. the employee was working with a coworker (the company owner) expanding a parking lot/loading dock onto an existing commercial building. The employee was operating the drum roller to compact asphalt grindings. he was attempting to clean up the edges when the drum roller overturned landing on the employee. The drum roller, which was possibly manufactured in the 1950s, was not equipped with ROPS or a seatbelt. It was equipped with a 28-horsepower motor and 36-inch-wide steel drums. The employee died from crush injuries including head injuries.
Keywords: Asphalt, Caught Between, Commercial Building, Construction, Construction vehicle, Crushed, Driving, Drum, Equipment Operator, Head, Inexperience, Insufficient Supervision, Laborer, Machine operator, Overturn, Parking Lot, Pinch Point, Pinched, ROPS, Roller--Const Equip, Safety Device, Seat Belt, Tips Over
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1757309.015 | 63 | M | Fatality |