OSHA Inspection: TEAL CONSTRUCTION, INC.

Issued

Apr 27, 2021

Abate by

May 21, 2021

Penalty

Initial $10,513 · Current $8,410 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to this work environment to control or eliminate any hazard(s) or other exposure to illness or injury:  a) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, the employer failed to ensure that employees engaged in trenching and excavation activities were instructed to recognize hazards associated with working in trenches exposing them to a trench collapse while installing a sewer pipe in a trench measuring approximately 11 feet in depth.  The trench did not have a ladder or adequate means of egress, the ends of the trench were unprotected, the spacing between trench box's was unprotected and the trench box's had missing spreaders and spreaders were bent potentially allowing for the structure to be deficient according the tab data provided by the manufacturer.

Issued

Apr 27, 2021

Abate by

May 21, 2021

Penalty

Initial $9,011 · Current $7,209 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 (.61m) from the edge of the 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) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, employees were exposed to excavated materials immediately above the work area where several inches of excavated soil were present above the upper lip of the protective system which could fall on the employees.

Issued

Apr 27, 2021

Abate by

May 21, 2021

Penalty

Initial $10,513 · Current $8,410 Reduced

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could have resulted in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees were not removed from the hazardous area until the necessary precautions were taken to ensure their safety:  a) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, the employer failed to ensure that the competent person removed employees from hazardous conditions.  The competent person required employees to enter and work in a trench with undermined and unsupported structures, no shields at the ends allowing soil from cracking and fissuring edges continue to breach the work area designated in the trench box and where the trench boxes come together soil was allowed to enter due to the size of the trench boxes not being the same and no type of shielding system was used to prevent the spoil pile from spilling into the work area.  Furthermore, the competent person had no information or recollection of inspecting/verifying the work area was free of hazards.

Issued

Apr 27, 2021

Abate by

May 21, 2021

Penalty

Initial $10,513 · Current $8,410 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 paragraph (b) or (c) of 29 CFR 1926.652.  a) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, the employer failed to protect employees working in a trench by an adequate protective system.  Employees engaged in trenching and excavating work adding a new sewer line to a new multi-unit development.   The competent person required employees to enter and work in a trench with undermined and unsupported structures, no shields at the ends allowing soil from cracking and fissuring edges continue to breach the work area designated in the trench box and where the trench boxes come together soil was allowed to enter due to the size of the trench boxes not being the same and no type of shielding system was used to prevent the spoil pile from spilling into the work area which was improperly benched and did not have a protective shield in place.

Issued

Apr 27, 2021

Abate by

May 21, 2021

Penalty

Initial $10,513 · Current $0 Reduced

General-duty citation text

29 CFR  1926.652(d)(2): Manufactured materials and equipment used for protective systems were not used and maintained in a manner that was consistent with the recommendations of the manufacturer:  a) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, employees were required to  work in trench excavation at depths of up to 11 feet and a length of more than 30 feet where the employer failed to ensure manufactured materials and equipment in protective systems were maintained in a manner consistent with the recommendations of the manufacturer in that the shield spreaders were damaged, not all required spreaders were used, and some pins being used were not to the manufacturers specifications exposing employees to hazards including but not limited to potential collapse/cave-in.

Issued

Apr 27, 2021

Abate by

May 21, 2021

Penalty

Initial $10,513 · Current $8,410 Reduced

General-duty citation text

29 CFR  1926.652(d)(1): Materials and equipment used for protective systems were not free from damage or defects that might impair their proper function:  a) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, employees were required to  work in trench excavation at depths of up to 11 feet and a length of more than 30 feet where the employer failed to ensure manufactured materials and equipment in protective systems were maintained in a manner consistent with the recommendations of the manufacturer in that the shield spreaders were damaged, not all required spreaders were used, and some pins being used were not to the manufacturers specifications exposing employees to hazards including but not limited to potential collapse/cave-in.

Issued

Apr 27, 2021

Abate by

May 21, 2021

Penalty

Initial $10,513 · Current $0 Reduced

General-duty citation text

29 CFR  1926.652(d)(3): When material or equipment that was used for protective systems was damaged, a competent person did not examine the material or equipment and evaluate its suitability for continued use:  a) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, employees were exposed to a cave-in while installing a sewer pipe in a trench approximately 11 feet in depth and the spreaders bars for the trench box were bent and the competent person was unable to provide assurance the trench box could support the intended load nor removed the equipment from use.

Issued

Apr 27, 2021

Penalty

Initial $21,026 · Current $16,821 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) Fork Landing West development, Northwest of intersection Delaware Route 15 and Carpenters Bridge Road, Felton, DE - On or about 11/06/2020, the employer failed to ensure a ladder or other safe means of egress was located in a trench that was 11 feet deep and more than 30 feet long.   Teal Construction, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(c)(2), which was contained in OSHA inspection number 1189028, citation number 1, item number 1 and was affirmed as a final order on 05/09/2017, with respect to a workplace located at End of Sabbe Street, The Reserve at Chestnut Hill, Magnolia, DE.