OSHA Inspection: CM BEACH

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

Hazardous substances 2460

General-duty citation text

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  a) Mt. Vernon Drive and Edens Road. - 0n or about January 12, 202, the employer did not provide instructions or training to their employees on how to identify and avoid hazardous conditions associated with excavation activities, such as collapse due to undercutting.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

Hazardous substances 2460

General-duty citation text

29 CFR  1926.651(g)(1)(iii): Adequate precautions were not taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 20 percent of the lower flammable limit of the gas:  a) Mt. Vernon Drive and Edens Road Viola, DE: On or about January 12, 2021, the employer did not ensure precautions were taken to provide and use engineering  controls [e.g. exhaust ventilation and/or a multi gas meter]  for employee(s) who are tasked with entering into a trench to apply a chemical sealant when connecting the piping.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $0 Reduced

Hazardous substances 04422460

General-duty citation text

29 CFR  1926.651(g)(2)(i): Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, was not readily available where hazardous atmospheric conditions existed or could reasonably be expected to develop during.  a) Mt. Vernon Drive  and Edens Road Viola, DE: On or about January 12, 2021, the employer did not make available any emergency rescue equipment for the employee(s) working within the trench as the employee applied a chemical sealant  which can  effect the employees by off-gassing within the restricted work environment.  One of the chemical components in the sealant was identified as  Toluene.  This product was being used without  having personal protective equipment [PPE] such as respirator protection and/or mechanical  ventilation by the employer.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

Hazardous substances 2460

General-duty citation text

29 CFR 1926.651(i)(3): Sidewalks, pavements, or appurtenant structures had been undermined and a support system or another method was not provided to protect employees from the possible collapse of such structures:  a) Mt. Vernon Drive and Evens Road Viola, DE -  On or about January 12, 2021, the employer failed to ensure that the pavement was not undermined and the employees were protected from a possible collapse.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

Hazardous substances 2460

General-duty citation text

29 CFR 1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations, or by a combination of both if necessary:  a)Mt. Vernon Drive and Edens Road Viola, DE - On or about January 12, 20211, employees were working in an approximately 8 to 9 foot deep and 11 feet in width and 15 feet in length trench with significant amounts of spoils piled less than two feet from the edge of the trench creating a potential struck by hazard in the event of material collapsing on employees, from roadway vibrations.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

Hazardous substances 2460

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 have resulted in possible cave-ins, indications of failure of protective systems:   a)Mt. Vernon Drive and Edens Road Viola, DE  - On or about January 12, 2021, the employer did not ensure the trench and the protective systems identified [e.g. outside of the trench on the side of the Edens road] were not inspected by a competent person.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $0 Reduced

Hazardous substances S777

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could result in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employee(s) was/were not removed from the hazardous area until the necessary precautions have been taken to ensure their safety.  a) Edens Road and Mt. Vernon Drive Viola, DE: On or about January 12, 2021, the employer's competent person failed to remove an employee from the edge of an excavation area which was undercut by the earth moving equipment being operated by the Prime contractor, resulting in a potential  collapse.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

Hazardous substances S777

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:    a) Mt. Vernon Drive and Edens Road  Viola, DE: On or about January 12, 2021, employees working in a 8-9 foot deep trench , with steeply sloped walls approximately 11 foot in width feet below level grade, were not afforded safeguards by any means of a protective system.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

Hazardous substances 2460

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):   a)Mt. Vernon Drive and Edens Road Viola, DE: On or about January 12, 2021, the employer did not implement a written hazard communication program for their employees who were involved in applying a hazardous chemical products [e.g. an adhesive/sealent].  NOTE: A written program shall include descriptions of how the criteria for the following will be met:  1. Labeling and other forms of warning 2. Safety Data Sheets 3. Employee information and training  Additionally a list of Hazardous chemicals known to be present in the work place must be compiled. Methods used  to inform employees of the hazards associated with non-routine task and the informing of contractor of workplace hazard must also be addressed. The written program must be made available upon request.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $0 Reduced

Hazardous substances 2460

General-duty citation text

29 CFR  1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.  a)Mt. Vernon Drive and Edens Road Viola, DE: On or about January 12, 2021, the employer did not develop nor maintain a chemical inventory sheet identifying the hazardous chemical(s) being used by their employees to to apply to the threads of the piping  within the trench.

Issued

Jul 12, 2021

Abate by

Aug 5, 2021

Penalty

Initial $4,096 · Current $0 Reduced

Hazardous substances 2460

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) Mt. Vernon Drive and Edens Road Viola, DE - On or about January 12, 2021 the employer failed to provide effective training to employees regarding hazards associated with chemical products used in the workplace, to include but not limited to the pipe thread sealant.