| Guenther Mechanical, Inc., Issue No. 4 |
February 2002
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The Contractors Critic
Guenther Mechanical, Inc. Reporting on Safety, Productivity, and Honesty in the Construction Industry.
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Serious Violations & High Accident Rate
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OSHA Records show that Guenther Mechanical, inc. has Committed
Recent, Serious Safety Law Violations at various job sites
| Within the last few
years, OSHA inspections have revealed multiple, serious safety violations
committed by Guenther Mechanical. The fact that infrequent OSHA inspections have
found serious violations by Guenther may indicate that additional violations
have gone undetected. Frequent violations of safety laws may be one factor in
the increasing numbers of accidents and lost workdays at Guenther Mechanical.
Importantly, not only do these OSHA inspections find violations of specific laws
and rules, the inspections also uncover evidence that Guenther Mechanical’s
program of safety compliance itself is fundamentally flawed. In some OSHA
inspections, OSHA has rated elements of Guenther Mechanical’s safety program as
"inadequate." Following are the detailed violations issued by OSHA against
Guenther Mechanical, Inc.
June 2001: OSHA Finds a Serious Violation and Proposes a $1,650 Fine
Falls are one of the leading causes of deaths at construction job sites. This
being said, Guenther Mechanical did not provide its workers with the legally
required protections against falling on a June 2001 job site, according to OSHA
records.
Guenther had its workers in a scissor lift, over 12 feet above the ground,
although the scissor lift did not have a protective chain or a bar fastened
across the back of the lift. Two workers were exposed to a serious injury from a
fall from the lift.
OSHA also discovered that Guenther had failed to properly train its workers
to recognize and avoid these types of fall hazards. These risks occurred even
though a Guenther field superintendent was on the site daily and was aware of
the fall protection requirements, according to OSHA field notes. (Inspection
#118130822)
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OSHA rates Guenther Mechanical
Safety and Health Program as "Inadequate" in Two Areas
Tellingly, in a follow-up to the August 2000
inspection, OSHA noted that Guenther Mechanical lacked a "complete" Hazard
Communication training program. OSHA also rated Guenther’s Safety and Health
Program as "Inadequate" regarding the categories of communication to
Employees and in Enforcement.
These violations took place, even though Guenther’s
Safety Director admitted to OSHA that they knew about the requirements to
perform periodic checks of a job site for unsafe and hazardous conditions.
Anyone who watches the evening news has probably
seen a tragic story about a construction worker who was injured or killed in
a trench accident. In this inspection the Guenther foreman said to OSHA,
during the inspection that, "He admitted to knowing that the trenches were
open and not properly maintained."
When a company’s foreman knows that important
safety rules are being violated, then one can expect that increased
accidents will follow. Is that the case with Guenther? Ask yourself the
question: do you really want a company like Guenther Mechanical, knowing
about the company’s rating by OSHA, working on your construction site? |
August 2000: Serious violations found, $3,250 fine proposed
OSHA was inspecting another contractor at this job site. But Guenther
Mechanical’s violations were obvious enough, that OSHA spotted them. OSHA issued
a serious citation against Guenther for failing to inspect several job site
hazards, including un-barricaded trenches, improperly marked fuel storage tanks,
and the lack of no smoking signs near those tanks. Guenther was also cited for
operating mobile equipment near excavations, when the operator did not have a
clear view, and no warning systems were in-place near the trenches. The hazard
was that the equipment would be backed into the trench, potentially killing or
severely injuring the equipment operator and any workers in the trench. OSHA
proposed two citations, and a $3,250 fine against Guenther. (Inspection
#303484067)
August 1997: OSHA issues 3 Serious Violations & 2 Other Violations Concerning
Electrical Grounding and Gas Cylinder Storage – Again
Only one year after Guenther Mechanical was cited and fined by OSHA for
serious violations regarding electrical grounds and flammable gas cylinder
storage offenses, OSHA discovered several new violations of the same and similar
rules at Guenther’s Strongsville, Ohio job site. OSHA proposed a $1,875 fine for
3 serious violations and 2 other violations against Guenther Mechanical.
Just as OSHA had discovered one year ago, they found that Guenther has stored
oxygen and acetylene tanks together, yet again. A Guenther extension cord was
missing a ground pin, which was very similar to the violation from one year
earlier. A propane tank was improperly stored in a building and frayed
electrical cables were used. (Inspection #300109485)
February 1997: Serious Electrical Violations, OSHA Proposes a $1,950 fine
An OSHA inspection of this Guenther Mechanical job site revealed that
Guenther’s employees were exposed to contact with exposed live electrical
points, because an electrical panel was poorly labeled and was not covered
adequately. Also, oxygen and fuel gas regulators were exposed to possible
damage.
Again, the Guenther safety man told the OSHA inspectors that he knew the
electrical panel was there and that it was being kept in an unsafe location, and
he said that he knew the gas regulators should have been protected. So this is
another instance of safety violations taking place, despite Guenther being aware
of the problems. (Inspection #103013306)
July 1996: OSHA Levies 6 Serious Violations with a $5,525 fine
At this job, OSHA discovered that Guenther Mechanical had committed the
following serious violations: failure to have a power input control switch on a
pipe threading machine, left a cylinder of flammable acetylene gas
unsecured which exposed workers to 3rd degree burns,
improperly stored acetylene gas next to an oxygen tank thus creating the
conditions for a serious fire or explosion, failure to properly label equipment,
improper maintenance of electrical conductors, and failure to use a ground fault
interrupts raising a risk of shocks.
In this case also, OSHA graded Guenther as "inadequate" for their poor
communication of safety and health hazards to their employees.
Guenther Mechanical tried to defend themselves for not having a power control
foot pedal on the pipe threading machine, claiming they did not know it was
missing. OSHA responded in its report stating that the threader was in
"PLAIN VIEW" (emphasis in original). OSHA also noted that the threader was
old and leaking oil, and the employees were usually standing in a pool of
spilled oil exposing them to electrical shock because of the lack of a grounding
device. OSHA added: "[after] 20 years plus in the trade everyone knows about the
ground fault interruption protection [requirements]."
OSHA also noted that the acetylene cylinders, which were stored illegally,
were in "PLAIN VIEW" as was the electrical wiring that was cited as a violation.
The Guenther worker who improperly hooked up the electrical connection admitted
to OSHA that he was a plumber, not an electrician. (Inspection #109779116) | | | | |
