Sixteen Serious Citations Issued by Indiana Occupational Safety & Health Administration (INOSHA) Over the Past 60 Days That Could Apply to You!!

Below are the maximum penalty amounts, with the annual adjustment for inflation,

that may be assessed after Jan. 15, 2022.

2022 Penalty Adjustments

Type of Violation Penalty

Serious
Other-Than-Serious
Posting Requirements $14,502 per violation

Failure to Abate $14,502 per day beyond the abatement date

Willful or Repeated $145,027 per violation

NOTE: Company names have been completed removed. Location addresses have been reduced to city and state only. The goal isn’t exposing companies. It is giving you some insight on recent INOSHA citations, so you have an opportunity to confirm your own compliance or make corrections to comply prior to an injury or citation.

1. Type of Violation: Serious

29 CFR 1926.651(k)(2): Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety:

Trench area - Frankfort IN. - On or before May 23, 2022, during trenching activities, the competent person failed to perform the duties as required, in that she did not correct conditions, and did not prevent employees from being exposed to, or cause them to be removed from, the hazards of a cave in, in a trench/excavation 8 feet deep.

2. Type of Violation: Serious

29 CFR 1926.652(a)(1): Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when:

Trench - Frankfort IN. - on or before May 23, 2022 - during construction activities, the employer did not ensure that cave-in protection was provided/used to protect employees working in a trench/excavation 7 feet 6 inches deep.

3. Type of Violation: Serious

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):

Electrical Room -Pendleton, IN 46064 - On or about May 2, 2022, no workplace assessment was performed to determine personal protective equipment requirements for an employee and 3 other employees in the room, who were working on an energized 3 phase 440 disconnect with a 200-amp rating.

4. Type of Violation: Serious

29 CFR 1910.333(a)(1): Live parts to which an employee may be exposed were not de-energized before the employee works on or near them, unless the employer can demonstrate that de-energizing introduces additional or increased hazards or is infeasible due to equipment design or operational limitations:

Electrical Room - Pendleton, IN 46064 - On or about May 2, 2022, an employee working on an energized 3 phase 440 disconnect, with a 200-amp rating, along with 3 more employees in the room, did not ensure the equipment was de-energized.

5. Type of Violation: Serious

29 CFR 1910.333(a)(2): Where exposed live parts were not de-energized, other safety related work practices were not used to protect employees who could be exposed to the electrical hazards involved:

Electrical Room - Pendleton, IN 46064 - On or about May 2, 2022, employees are exposed to energized live parts, an energized 3 phase 440 disconnect, with a 200-amp rating, no safety measures, no safety work practices were in place or being used to ensure the employees were protected from electrical hazards.

6. Type of Violation: Serious

29 CFR 1910.333(b)(2)(iii)(A): A lock and a tag were not placed on each disconnecting means used to de-energize circuits and equipment on which work was to be performed:

Electrical Room - Pendleton, IN 46064 - On or about May 2, 2022, an employee who performed worked on a 3 phase 440 disconnect, 200-amp rating, did not place a lock and a tag on each disconnecting means used to de-energize circuits before work was performed.

7. Type of Violation: Serious

29 CFR 1910.333(b)(2): While an employee was exposed to contact with parts of fixed electric equipment or circuits which were de-energized, the circuits energizing the parts were not locked out or tagged or both in accordance with the requirements of this paragraph (b) of 29 CFR 1910.333(b)(2):

Electrical Room - Pendleton, IN 46064 - On or about May 2, 2022, employees are exposed to contact with energized electric equipment circuits of a 3 phase 440 disconnect with a 200-amp rating, did not lock or tag the energized circuit according to the requirements.

8. Type of Violation: Serious

29 CFR 1910.335(a)(2)(i): When working near exposed energized conductors or circuit parts, each employee shall use insulated tools or handling equipment if the tools or handling equipment might contact such conductors or parts. If the insulating capability of insulated tools or handling equipment is subject to damage, the insulating material shall be protected.

Electrical Room - IN 46064 - On or about, May 2, 2022, during maintenance activities, employees are exposed to an energized circuit parts and conductors, an employee is not using insulated tools while performing work on an energized 3 phase 440 disconnect, with a 200-amp rating.

9. Type of Violation: Serious

29 CFR 1926.416(a)(1): Employees were permitted to work in proximity to electric power circuits and were not protected against electric shock by de-energizing and grounding the circuits or effectively guarding the circuits by insulation or other means:

Jobsite - South Bend, IN 46617 - On June 1, 2022, during construction activities, employees were not prohibited from working in such proximity to any part of an electrical power circuit of 240 volts, 120 amps, that the employee could contact the electrical power circuit in the course of work and the employee was not protected by de-energizing and grounding the circuit, insulation, or any other means.

10. Type of Violation: Serious

29 CFR 1926.416(a)(3): Before work began, the employer did not ascertain by inquiry, direct observation, or by instruments, whether any part of an energized electric power circuit, exposed or concealed, was so located that the performance of the work could bring a person, tool, or machine into physical or electrical contact with an energized electric power circuit:

Jobsite - South Bend, IN 46617 - On June 1, 2022, during construction activities, employees were not advised of the hazards involved and the protective measures to be taken when working within approximately 5 feet of a 240 volt energize electrical power circuit.

11. Type of Violation: Serious

29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet or more above lower levels was not protected by guardrail systems, safety net systems, or personal fall arrest systems:

Jobsite - South Bend, IN 46617 - On June 1, 2022, during residential construction activities, employees engaged in asphalt shingle removal and replacement at a height of approximately 18 feet above the lower level, were not protected from falls.

12. Type of Violation: Serious

29 CFR 1926.1053(b)(1): When portable ladders were used for access to an upper landing surface and the ladders length allows, the ladder side rails did not extend at least 3 feet above the upper landing surface being accessed:

Jobsite - South Bend, IN 46617 - On June 1, 2022, during construction activities, the employer did not assure that the ladder used to access the roof was placed at least 3 foot above the top landing surface, nor was a grab rail provided.

13. Type of Violation: Serious

29 CFR 1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, shall either be immediately marked in a manner that readily identifies them as defective, or be tagged with "Do Not Use" or similar language, and shall be withdrawn from service until repaired:

Jobsite - South Bend, IN 46617 - On June 1, 2022, during construction activities, the 16-foot-long aluminum ladder had structural defects of bends and visible dents in rungs 2, 3, 4, and 7, and was used as access/egress to the roof and had not been identified as defective, tagged do not use, or removed from service.

14. Type of Violation: Repeat-Serious

Jobsite - Whiteland, IN 46184- On June 7, 2022, during construction activities, employees installing gutters to an 6:12 pitch roof, at a height of approximately 18 feet above a lower level, were not protected from falls. XXXX was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13).

15. Type of Violation: Serious

A - 29 CFR 1926.1053(b)(1): Where portable ladder was used for access to an upper level landing surface and the ladder's length did not allow the ladder side rails to extend at least 3 feet above the upper landing surface being accessed, the ladder was not secured at its top to a rigid support that will not deflect, and/or a grasping device was not provided to assist employees in mounting and dismounting the ladder:

A - Jobsite at - Whiteland, IN 46184- On June 7, 2022, during construction activity, employee was using a 14-foot Keller extension ladder to reach the porch roof. Ladder extended approximately 3 foot below, and not at least 3 feet above the 8 feet 5-inch-high porch, being accessed and no other grasping device was provided.

B - 29 CFR 1926.1053(b)(1): Where portable ladder was used for access to an upper level landing surface and the ladder's length did not allow the ladder side rails to extend at least 3 feet above the upper landing surface being accessed, the ladder was not secured at its top to a rigid support that will not deflect, and/or a grasping device was not provided to assist employees in mounting and dismounting the ladder:

B – Jobsite - Whiteland, IN 46184- On June 7, 2022, during construction activity, employee was using an 8-foot utility ladder to reach the top of the 2-story roof. Ladder extended approximately 2feet below, and not at least 3 feet above the 9-feet being accessed and no other grasping device was provided.

16. Type of Violation: Serious

29 CFR 1926.1053(b)(6): Ladders shall be used only on stable and level surfaces unless secured to prevent accidental displacement.

Jobsite - Whiteland, IN 46184- On June 7, 2022, during construction activity, employee working from the 8-foot Warner, Utility ladder, which was placed on a 6:12 pitch roof, with newly placed shingles. Ladder was not stable or secure.

NOTE: Employers have 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. Citations listed above may not be final.