OSHA Inspection: DIAMOND STATE WATER PROOFING

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: (Construction Reference 1926.103)   a) 287 Barcelona Street Townsend, DE -  On or about April 29, 2021 the employer did not establish and implement a written respirator program that included procedures for selecting respirators for use in the workplace;  medical evaluations of employees required to use respirators; fit testing procedures for tightfitting respirators;  procedures for proper use of respirators;  procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; training of employees in the respiratory hazards to which they were potentially exposed;  training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and procedures for regularly evaluating the effectiveness of the program.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 13712460

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) 872 Barcelona Street Townsend, DE - On or about April 29, 2021, The employer did not ensure that their employee using a #M Model, elastomeric half face, filtering face piece respirator was fit tested prior to initial use of the 3M model respirator being issued.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 13712460

General-duty citation text

29 CFR  1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:  a) 872 Barcelona Street Townsend, DE: On or about April 29, 2021, the employer did not provide respirator protection training to their employee prior to requiring their employee to wear the 3M model, negative pressure, 1/2 face elastomeric respirator in the workplace.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

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) 872 Barcelona Street Townsend, DE:  On or about April 29, 2021, the employer did not implement a written hazard communication program for their employees who were involved in applying  a waterproofing  product that's an adhesive and flammable  to the wall of a confine space.  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

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 13712460

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) 872 Barcelona Street Townsend, DE. On or about April 29, 2021, the employer did not provide a chemical inventory listing or sheet identifying the hazardous chemicals that are used by their employee to perform their assigned duties instructed by their employer.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 13712460

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) 43 Somerset Lane Newark, DE: On or about July 8, 2020, the employer did not provide their employee with training on the hazard associated with the  chemical product used in the work area, including but not limited to, the flammable  adhesive sealant product containing Toluene and N-Heptane.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:   a) 872 Barcelona Street Townsend, DE: On or about April 29, 2021, the employer did not provide adequate instructions and/or training to their employee on how to identify and avoid hazardous conditions associated with activities within a confine space when applying the hazardous rubber polymer  product containing flammable components  N-Heptane and Toluene.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1926.150(a)(2): Access to all available firefighting equipment was not maintained at all times:  a) 872 Barcelona Street Townsend, DE - On or about April 29, 2021 it was determined that the employer did not have easy, accessibility, to fire fighting /extinguishing equipment [e. g. portable fire extinguisher] on site at the period of when an employee received second and/or third degree burns while working within a confine space with a flammable solvent and a non-intrinsically safe battery operated power tool .

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1926.407(b)(1):   Equipment and associated wiring that was not approved as intrinsically safe was permitted in a hazardous (classified) location:  a ) 872 Barcelona Street Townsend, DE: On or about April 26, 2021, the employer failed to ensure that electrical equipment being operated [e.g. Dewalt Trak-IT Tool TI-C5] is free from recognized hazards and is intrinsically safe.  The employer did not ensure that their employee performing the assigned task  had the proper non-sparking producing equipment upon use within the confine space.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1926.1203(a): 29 CFR 1928.1203(a) Before any work begins, the employer did not ensure that a competent person identified all confined spaces in which one or more of the employees were to enter:    a) 872 Barcelona Street Townsend, DE - On or about April 29, 2021, the employer did not evaluate the workplace to determine if the  confine space was permit required.  The employee was directed to enter the confine space eight feet deep and four feet wide to apply  a waterproofing adhesive that include  toxicants that were hazardous and flammable,  that resulted in a hazardous and unstable atmosphere.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1926.1204(b): 1926.1204(b):  The employer did not identify and evaluate the hazards of permit spaces before employee enter them:   a) 872 Barcelona Street Townsend, DE - On or about April 29, 2016, the employer did not evaluate the the confine space identified as being the front porch of the new construction home which had a  hazardous atmosphere, lower explosive limit, and oxygen content prior to their employee entering to operate a nail gun [e.g. Track-IT] and to apply a hazardous sealant to the foundation wall with a thermal covering over top of it.

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1926.1204(c): The employer did not implement the means, procedures, and practices necessary for the safe entry operations, including but not limited to specifying acceptable entry conditions; providing each authorized entrant or that employee's authorized representative with the opportunity to observe any monitoring or testing of permit spaces; isolating the permit space and physical hazards within the space; purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards; determining that, in the event the ventilation system stops working, the monitoring procedure will detect an increase in atmospheric hazard levels in sufficient time for the entrants to safely exit the the permit space:  a) 287 Barcelona Street Townsend, DE - On or about April 29, 2021, the employer did not develop and implement the means, procedures, and practices for a confine space safe permit entry operations located beneath the front porch .

Issued

2021-10-26 00:00:00

Abate by

2021-11-22 00:00:00

Penalty

Initial $4096.00 · Current $2867.00 Reduced

Hazardous substances 13712460

General-duty citation text

29 CFR  1926.1204(f): 29 CFR 1926.1204(f): An attendant was not provided outside a permit confined space for the duration of entry operations:  a) 872 Barcelona Street Townsend, DE - On or about April 29, 2021, the employer failed to provide an attendant to monitor the employee who was applying a flammable chemical  adhesive and an  thermal insulation material to the walls of the confine space with a nail gun  identified as an Trac-IT Model TI-C5.