Safety Incidents OSHA Severe Injury Reports · 2015–2025
5,189,992Inspections Most recent open 2026-07-18 Last loaded 2026-07-22

OSHA Inspection: D&H EXCAVATING, INC

Planned inspection · Health discipline

On , OSHA opened a planned health inspection of D&H EXCAVATING, INC in INTERSECTION WALDEN & GALLERIA DRIVE, CHEEKTOWAGA, NY 14225 (NAICS 238910). OSHA activity number 342512167.

What this inspection record means

OSHA opens inspections for many reasons — routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.

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Establishment
D&H EXCAVATING, INC
Site address
INTERSECTION WALDEN & GALLERIA DRIVE
City
CHEEKTOWAGA
State
NY
ZIP
14225
Mailing
11939 ROUTE 98 SOUTH, ARCADE, NY 14009
Inspection type
Planned (H)
Scope
Partial (B)
Discipline
Health
Advance notice
No
Union status
A
Opened
Closing conference
Case closed
Last modified
Data loaded
NAICS code
238910
Employees
40
Ownership type
A

6 citations on file for this inspection.

1910.134 A01

Serious Gravity 5 1 instance 1 exposed
Issued
Oct 5, 2017
Penalty
Initial $5,070 · Current $3,360 Reduced
29 CFR 1910.134(a)(1): When effective engineering controls were not feasible or while they were being instituted, appropriate respirators were not used pursuant to the requirements of 29 CFR 1910.134: (Construction Reference 1926.103)    1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operator (Verneer 150 road saw) was exposed to respirable dust containing 15% crystalline silica (quartz) at an 8-hour time-weighted average (TWA) of 40.0 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf.  This limit is established to prevent silicosis.  The TWA exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled. The employer did not require the employee to use an appropriate respirator.    NO ABATEMENT CERTIFICATION REQUIRED
Recent events (2)
  • — I (S) $3360
  • — Z (S) $5070

1910.134 E01

Serious Gravity 5 2 instances 2 exposed
Issued
Oct 5, 2017
Penalty
Initial $0 · Current $0
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a laborer wore a half mask 3M-N95 8210 filtering face-piece dust mask while working.  The employee was not provided with a medical evaluation prior to using the respirator.  2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operator (Verneer 150 road saw) was exposed to respirable dust containing 15% crystalline silica (quartz) at an 8-hour time-weighted average (TWA) of 40.0 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf.  This limit is established to prevent silicosis.  The TWA exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled. The employee was not provided with a medical evaluation prior to using the respirator.  NO ABATEMENT CERTIFICATION REQUIRED
Recent events (2)
  • — I (S) $0
  • — Z (S) $0

1910.134 F01

Serious Gravity 5 2 instances 2 exposed
Issued
Oct 5, 2017
Penalty
Initial $0 · Current $0
29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): (Construction Reference 1926.103)  1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a laborer wearing a half mask 3M-N95 8210 filtering face-piece dust mask while working.  Employees were not provided a fit test for the respirator.  2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operators (Verneer 150 road saw) was exposed to respirable dust containing15% crystalline silica (quartz) at an 8-hour time-weighted average (TWA) of 40.0 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf.  This limit is established to prevent silicosis.  The TWA exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled.  Employees were not provided a fit test for the respirator.  NO ABATEMENT CERTIFICATION REQUIRED
Recent events (2)
  • — I (S) $0
  • — Z (S) $0

1910.134 K01

Serious Gravity 5 1 instance 1 exposed
Issued
Oct 5, 2017
Penalty
Initial $0 · Current $0
29 CFR 1910.134(k)(1): The employer shall ensure that each employee can demonstrate knowledge of at least the following:  1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, the employer did not ensure that each employee could demonstrate knowledge of at least the basic information on respirators, including Appendix D of this section to employees donning half mask 3M-N95 8210 filtering face-piece dust mask while working.    NO ABATEMENT CERTIFICATION REQUIRED
Recent events (2)
  • — I (S) $0
  • — Z (S) $0

1910.1000 C

Serious Gravity 10 2 instances 2 exposed
Issued
Oct 5, 2017
Penalty
Initial $8,873 · Current $5,040 Reduced
29 CFR 1910.1000(c):  Employees were exposed to crystalline silica (quartz), listed in Table Z-3, in excess of the calculated permissible exposure limit as an 8-hour time weighted average concentration:    1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a labor working at the job site was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 14.5 mppcf (construction conversion) approximately 1.06 times the PEL of 11.9 mppcf.  The exposure calculations are based on results obtained over 148 minutes of sampling with a zero increment used for the 332 minutes not sampled.     2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operators (Verneer 150 road saw) working at the job site cutting concrete was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 40 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf.  The exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled.    NO ABATEMENT DOCUMENTATION REQUIRED
Recent events (2)
  • — I (S) $5040
  • — Z (S) $8873

1910.1000 E

Serious Gravity 10 2 instances 2 exposed
Issued
Oct 5, 2017
Penalty
Initial $0 · Current $0
29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):   1) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/01/2017, a labor working at the job site was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 14.5 mppcf (construction conversion) approximately 1.06 times the PEL of 11.9 mppcf.  The exposure calculations are based on results obtained over 148 minutes of sampling with a zero increment used for the 332 minutes not sampled.  Feasible engineering controls were not implemented.   2) Intersection Walden and Galleria Drive, Cheektowaga, NY - On or about 08/07/2017, a machine operators (Verneer 150 road saw) working at the job site cutting concrete was exposed to crystalline silica at an 8-hour time-weighted average (TWA) of 40 mppcf (construction conversion) approximately 3.03 times the PEL of 12.5 mppcf.  The exposure calculations are based on results obtained over 393 minutes of sampling with a zero increment used for the 87 minutes not sampled.  Feasible engineering controls were not implemented.  NO ABATEMENT DOCUMENTATION REQUIRED
Recent events (2)
  • — I (S) $0
  • — Z (S) $0

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This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 342512167.

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