OSHA Inspection: MICKELS LANDSCAPE, INC.

Issued

Nov 3, 2021

Abate by

Dec 8, 2021

Penalty

Initial $6,007 · Current $3,000 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 conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  location: backyard, 648 Shore Acres Drive Mamaroneck, NY on or about: 5/4/21  a) Employees, engaged in excavation work, were not provided with safety training.  Note: In addition to abatement certification, the employer is required to provide abatement documentation for this item in accordance with 29 CFR 1903.19

Issued

Nov 3, 2021

Penalty

Initial $13,653 · Current $8,500 Reduced

General-duty citation text

29 CFR  1926.651(h)(1):Employees were working in excavations in which there was accumulated water, or excavations in which water was accumulating, and adequate precautions had not been taken to protect employees against the hazards posed by water accumulation:  location: backyard, 648 Shore Acres Drive Mamaroneck, NY on or about: 5/4/21  a) An employee was working in  a trench, in the vicinity of accumulating water. One end of the trench was excavated deeper, in part so that the water would go to that area of the trench. A water pump was on site but not used.  NOTE: Because abatement of this violation is already documented in the inspection casefile, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Nov 3, 2021

Penalty

Initial $13,653 · Current $8,500 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 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:  location: backyard, 648 Shore Acres Drive Mamaroneck, NY on or about: 5/4/21  a) a) Employees were working in an excavation that was up to approximately 6 1/2-10 1/2 feet deep. The spoil pile was kept directly next to the excavation.  NOTE: Because abatement of this violation is already documented in the inspection casefile, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Nov 3, 2021

Penalty

Initial $6,007 · Current $3,000 Reduced

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:  location: backyard, 648 Shore Acres Drive Mamaroneck, NY on or about: 5/4/21    a) Employees were working in a trench that was up to approximately 6 1/2 - 10 1/2 feet deep. There was no competent person on site to perform a daily inspection.  NOTE: Because abatement of this violation is already documented in the inspection casefile, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Nov 3, 2021

Penalty

Initial $13,653 · Current $8,500 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 paragraph (b) or (c) of this section:  Location: backyard, 648 Shore Acres Drive Mamaroneck, NY On or about:  5/4/21  a) The employer did not provide  cave-in protection for an employee who was working in an excavation that was up to approximately 6 1/2-10 1/2 feet deep.  NOTE: Because abatement of this violation is already documented in the inspection casefile, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Nov 3, 2021

Penalty

Initial $12,015 · Current $8,500 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 are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees:  location: backyard, 648 Shore Acres Drive Mamaroneck, NY on or about: 5/4/21    a) A ladder was not placed in a trench that was up to 6 1/2-10 1/2 feet deep. An employee working in the trench had to travel more than 25' in order to egress/access the trench where it was less than 4 feet deep.   The Mickels Landscape, 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 1433353, citation number 1, item number 1 and was affirmed as a final order on 2/13/2020, with respect to a workplace located at 216 Scribner Ave., Norwalk, CT 06854.  NOTE: Because abatement of this violation is already documented in the inspection casefile, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.