OSHA Inspection: OLDCASTLE LAWN & GARDEN, INC.

Issued

May 3, 2018

Abate by

May 30, 2018

Penalty

Initial $10,163 · Current $4,049 Reduced

General-duty citation text

29 CFR 1910.22(a)(1): All places of employment, passageways, storerooms, and service rooms were not kept clean and orderly and in a sanitary condition:  Oldcastle Lawn & Garden, Shady Dale, GA- On or about 11/07/17, and times prior to, in the production area, there was an accumulation of saw dust on the pipes, electrical panels, duct work, and on the floor creating a fire hazard.  The employer did not have a housekeeping program.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $10,163 · Current $4,049 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:  Oldcastle Lawn & Garden, Inc., Shady Dale, GA - On or about 02/22/18, and times prior to, employees operating the rock machine were exposed to screening samples for noise at 94 dBA-119.6 dBA.  The employer had not conducted monitoring on the rock machine.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a) Oldcastle Lawn & Garden, Inc., Shady Dale, GA - On or about 02/22/18, and times prior to, an employee operating the bagging machine was exposed to noise at a time-weighted average of 85.9 dBA, which exceeded the 10 hour shift action level of 83.4 dBA.  An audiometric testing program was not maintained, on or about 02/22/18.       b) Oldcastle Lawn & Garden, Inc., Shady Dale, GA - On or about 02/22/18, and times prior to, an employee operating the bagging machine was exposed to noise at a time-weighted average of 84.8 dBA, which exceeded the 10 hour shift action level of 83.4 dBA.  An audiometric testing program was not maintained.

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  a) Oldcastle Lawn & Garden, Inc., Shady Dale, GA - On or about 02/22/18, and times prior to, an employee operating the bagging machine was exposed to noise at a time-weighted average of 85.9 dBA, which exceeded the 10 hour shift action level of 83.4 dBA.  A noise training program had not been implemented.      b) Oldcastle Lawn & Garden, Inc., Shady Dale, GA - On or about 02/22/18, and times prior to, an employee operating the bagging machine was exposed to noise at a time-weighted average of 84.8 dBA, which exceeded the 10 hour shift action level of 83.4 dBA.  A noise training program had not been implemented.

Issued

May 3, 2018

Abate by

May 30, 2018

Penalty

Initial $10,163 · Current $4,049 Reduced

General-duty citation text

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:  Oldcastle Lawn & Garden, Inc., Shady Dale, GA - Sahara Machine (outside) - On or about 11/07/17, and times prior to, employees entered the Sahara machine mixer to repair color paddles, belts, etc. that may be have been damaged. Inside the mixer there are moving conveyor/auger/belts. The mixer meets the definition of a permit required confined space (PRCS). A written permit required confined space program was not developed and implemented.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

May 30, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:  Oldcastle Lawn & Garden, Inc., Shady Dale, GA - Sahara Machine (outside)- On or about 11/07/17, and times prior to, employees enter the Sahara machine mixer to repair color paddles, belts, etc. that may be damaged. Inside the mixer there are moving conveyor/auger/belts. The mixer meets the definition of a permit required confined space (PRCS).   The internal atmosphere was not tested with a calibrated direct-reading instrument before employees entered.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:  Oldcastle Lawn & Garden, Inc., Shady Dale, GA - Sahara Machine (outside) - On or about 11/07/17, and times prior to, employees entered the Sahara machine mixer to repair color paddles, belts, etc. that may have been damaged. Inside the mixer there are moving conveyor/auger/belts. The mixer meets the definition of a permit required confined space (PRCS).  Permits were not documented and retained for at least one year.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:  Oldcastle Lawn & Garden, Inc., Shady Dale, GA - Sahara Machine (outside) - On or about 11/07/17, and times prior to, employees entered the Sahara machine mixer to repair color paddles, belts, etc. that may have been damaged. Inside the mixer there are moving conveyor/auger/belts. The mixer meets the definition of a permit required confined space (PRCS).   Permit Required Confined Space training had not been conducted and/or certified.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $8,130 · Current $4,049 Reduced

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:   a) Oldcastle Lawn & Garden, Inc., Shady Dale, GA - On or about 11/07/17, and times prior to, in the mixing area, employees were working with corrosive chemicals such as, but is not limited to, Phosphoric Reagent A and Aqua Ammonia Solution.  The bottled eye wash provided was not able to flush both eyes simultaneously in the event of an emergency.    b) Oldcastle Lawn & Garden, Inc., Shady Dale, GA - On or about 11/07/17, and times prior to, in the maintenance area, employees were working with corrosive chemicals such as, but is not limited to, Engine Degreaser, Chlorinated Brake and Parts Cleaner, Moly Chain Lubricant, etc. and the bottled eye wash provided was not able to flush both eyes simultaneously in the event of an emergency.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

May 30, 2018

Penalty

Initial $8,130 · Current $4,049 Reduced

Hazardous substances 9210E200

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):  Oldcastle Lawn & Garden, Inc., Shady Dale, GA- Employees used chemicals such as, but not limited to hard wood dust (classified as a carcinogen and combustible), Engine Degreaser, Phosphorus Reagent A, Jet Black Fiber Colorant, Premium Brown Fiber Colorant, Chlorinated Brake & Parts Cleaner, Ammonia Hydroxide, and Moly Chain Lubricant.     On or about 11/07/17, and at times prior to, the employer failed to ensure a hazard communication program was implemented that identified hazardous chemicals and adequately informed employees of the hazards associated with those chemicals.

Issued

May 3, 2018

Abate by

May 15, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  a) Oldcastle Lawn & Garden, Inc., Shady Dale, GA -  Outside storage area-On or about 11/07/17, and at times prior, the employer did not ensure that all containers that had unknown chemicals (such as, but not limited to diesel), were properly label.  Also, there was no hazard statement, pictogram and/or precautionary statements.  b) Oldcastle Lawn & Garden, Inc., Shady Dale, GA- Outside storage area-On or about 11/07/17, and at times prior to, unmarked drums/containers near the diesel tank had unknown chemicals and were not properly labeled.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s):   Oldcastle Lawn & Garden, Inc., Shady Dale, GA- On or about 11/07/17, and times prior to, employees used chemicals such as, but not limited to hard wood dust (classified as a carcinogen and combustible), Engine Degreaser, Phosphorus Reagent A, Chlorinated Brake & Parts Cleaner, Ammonia Hydroxide, Jet Black Fiber Colorant, Premium Brown Fiber Colorant, and Moly Chain Lubricant.  Safety Data Sheets were not readily accessible and employees were not trained how to access the Safety Data Sheets online and/or did not have access to a computer.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9210E200

General-duty citation text

29 CFR 1910.1200(h)(3)(ii): Employees were not trained on the physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area:  Wood dust, classified as a carcinogen and combustible, was a byproduct of the manufacturing of mulch.  The hazard communication training did not include the physical  and health hazards of wood dust and housekeeping requirements, on or about 11/07/17.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

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):  Oldcastle Lawn & Garden, Inc., Shady Dale, GA-  Outside and Inside - On or about 11/07/17, and at times prior to, employees in the production and mixing area were exposed to eye and skin irritation hazards from dust and chemicals on the ground and equipment. The employer failed to assess the hazards in the workplace.     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

Jun 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:   Oldcastle Lawn & Garden, Inc., Shady Dale, GA-  Outside and Inside - On or about 11/07/17, and at times prior to, employees in the production and mixing area were exposed to eye and skin irritation hazards from excessive dust and corrosive powder chemicals on the ground and equipment. Safety goggles were not provided and used.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 3, 2018

Abate by

May 30, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.136(a):The employer did not ensure that each affected employee uses protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole:  (A)  Oldcastle Lawn & Garden, Inc., Shady Dale, GA -  Outside and Inside - On or about 11/07/17, and at times prior to, the employer did not ensure employees, who were exposed to the hazard of falling rocks and/or wooden logs, were required to wear appropriate foot protection.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).