OSHA Inspection: HARDSCAPES DE, LLC

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to conduct any type of employee assessment to the exposure of respirable crystalline silica dust or schedule monitoring for the employees reasonably expected to be exposed.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(c)(3): Employee(s) performing more than one task on Table 1 during the course of a shift, where the total duration of all tasks combined was more than four hours, were not utilizing the required respiratory protection specified for more than four hours per shift:  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to ensure employees cutting concrete used established engineering or work practice controls exposing the employees to respirable crystalline silica dust daily for over 4 hours a day.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(e)(1)(ii): Respiratory protection was not provided for tasks not listed in Table 1, or where the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to ensure the employees were provided respiratory protection for the cutting of concrete using a Stihl Cutquick saw without any type of wet methods.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to institute any type of respiratory protection program for the employees required to wear respirators when cutting concrete exposing the employees to respirable crystalline silica.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(g)(1):29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan that contained at least the elements of paragraph(s) 1926.1153(g)(1)(I) through (iv):  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to establish or implement any type exposure control plan for those employees exposed or potentially exposed to respirable crystalline silica (silica dust).  The employer required employees to cut concrete to complete the building phase of the patios/porches the company installed at homes.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(h)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year:  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to provide any medical surveillance for his employees prior to using or continually using respirators to complete their required job tasks at various sites.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(h)(2):The employer did not make available an initial (baseline) medical examination within 30 days after initial assignment when the employee had not received a medical exam that meets the requirements of this section within the last three years:  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to provide any medical surveillance for his employees prior to using or continually using respirators to complete their required job tasks at various sites.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $5,461 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to provide any type of hazard communication program (including SDS information, list of hazardous substances, and training associated) for the employees at the site.  Furthermore the employer was not able to provide a hazard communication program for review following their inspection.

Issued

Nov 2, 2021

Abate by

Nov 30, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer did not ensure that each covered employee could demonstrate knowledge and understanding of at least the information contained in paragraphs (A) - (F) of this section.  a) Lot 215 of the Walden Development Harbeson, DE 19951: On or about May 6, 2021, the employer failed to ensure that the employees conducting concrete cutting operations could provide the basic required information according to the standard.