OSHA Inspection: DBS, INC.

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $3,856 · Current $1,928 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer had not developed or implemented a written hazard communication program that included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   a)     On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not develop and implement a written hazard communication program that pertains to employee use of chemicals such as, but not limited to Mel-Prime: a chemical waterproofing agent which has a toluene concentration listed as 45%-50%.  This condition exposed employees to chemical exposure hazards.   Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not  ensure that they are readily accessible during each work shift to employees when they are in their work area(s):   a) On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not maintain safety data sheets in the workplace that pertain to employee use of chemicals such as, but not limited to Mel-Prime: a chemical waterproofing agent which has a toluene concentration listed as 45%-50%.  This condition exposed employees to chemical exposure hazards.   Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area, such as, but not limited to Mel-Prime: a chemical waterproofing agent which has a toluene concentration listed as 45%-50%.  This condition exposed employees to chemical exposure hazards.   Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $5,398 · Current $2,699 Reduced

General-duty citation text

29 CFR  1926.651(g)(1)(ii): The employer did not take adequate precautions to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions include providing proper respiratory protection or ventilation in accordance with subparts D and E of this part respectively:  a) On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not ensure employees were protected from hazardous concentrations of Toluene.  Employees were required to work in tightly excavated holes and were exposed to an airborne concentration of toluene that rendered one worker unconscious.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $3,084 · Current $1,542 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:  a)     On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not provide protective helmets to employees who were required to work next to large spoil piles and under surface encumbrances during residential basement waterproofing operations.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.102(a)(1): The employer did not ensure that each affected employee used 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:  a)     On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair did not provide eye protection when employees were required to use Mel-Prime for residential basement waterproofing operations which is a hazardous chemical.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $3,084 · Current $1,542 Reduced

General-duty citation text

29 CFR 1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (0.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary:  a) On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not ensure excavated material was kept at least 2 feet from the edge of excavations so as to protect employees from exposure to struck-by hazards due to material rolling or falling into excavations.  Excavated material, including large pieces of soil, were at the edge of open excavations.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $59,372 · Current $34,891 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(c):   a)  On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not ensure each employee required to enter an excavation was adequately protected from wall collapse by an appropriate protective system designed in accordance with paragraph (b) or (c) so as to prevent serious injury or death.  Recommended Abatement Action: Abatement Note:  To abate this violation, the employer must ensure that its trenches are properly sloped or equipped with appropriate protective systems, and that no employees enter trenches until this protection is provided.  Methods of abatement include:  benching, sloping, shoring, shielding, or other adequate protective systems.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(k)(1):  Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection was not conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections were not made after every rainstorm or other hazard increasing occurrence:  a) On or about July 15, 2020, the employer, DBS, Inc. dba Colorado Structural Repair, did not remove an employee, who was engaged in excavation and waterproofing work, from an open excavation measuring approximately 9 feet in depth.  This excavation was without an adequate protective system and was known to the employer as a hazardous working condition.  Recommended Abatement Action:  Inspections shall be made by a competent person, shall be documented, and shall be conducted in the following frequency and conditions:  daily and before the start of each shift; as dictated by the work being done in the trench; after every rainstorm; after other events that could increase hazards, e.g. snowstorm, windstorm, thaw, earthquake, etc.; when fissures, tension cracks, sloughing, undercutting, water seepage, bulging at the bottom, or other similar conditions occur; when there is a change in the size, location, or placement of the spoil pile; and when there is any indication of change or movement in adjacent structures.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 9, 2020

Abate by

May 6, 2021

Penalty

Initial $10,795 · Current $5,398 Reduced

General-duty citation text

29 CFR 1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees:  a) On or about July 16, 2020, and at times prior, the employer, DBS, Inc. dba Colorado Structural Repair, did not ensure ladders or other safe means of egress were located in vertical-walled excavations that were approximately 9 feet in depth.  Employees required to work in these excavations while performing waterproofing operations on a residential basement did not have a safe and reliable means of egress.  The employer, DBS, Inc. dba Colorado Structural Repair, was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1244176, citation number 1, item number 1 and was affirmed as a final order on 07/25/2017, with respect to a workplace located at 1675 Lenmar Dr., Colorado Springs, CO 80905.  Abatement Note:  To abate this violation, the employer must ensure that a stairway, ladder, ramp or other safe means of egress are located within every trench or excavation that is 4 feet or more in depth and that no employees enter trenches or excavations until a safe means of egress is provided.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").