OSHA Inspection: SPOSATO LANDSCAPE COMPANY, INC.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $14,502 · Current $9,426 Reduced

General-duty citation text

29 CFR  1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  a) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021 the employer failed to ensure employees received required respiratory protection training before working with hand and power tools for various duty requirements that create known respiratory hazards (i.e. lawn care, irrigation installation service/repair, etc)

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $12,431 · Current $8,080 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and maintain at the workplace a written hazard communication program which describes how the criteria specified in paragraphs (f), (g), & (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes items (i) and (ii) of this subparagraph:  a) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021, the employer did not provide or maintain a hazardous communication program to include labels and other forms of warning, safety data sheets, and employee information and training as required.  ABATEMENT NOTE:  A written program shall include description of how the criteria for the following will be met:  1.  Labeling and other forms of warning; 2.  Material Safety Data Sheets; 3.  Employee information and training  Additionally, a list of hazardous chemicals known to be preset in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and of the availability of material safety data sheets, must also be addressed.  The written program must be made available upon request.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $0 · Current $0

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) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021, the employer did not develop nor maintain a chemical inventory list identifying the hazardous chemicals being used by their employees.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $0 · Current $0

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) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021, the employer did not provide training on hazardous chemicals to be used on the site nor did the employer provide SDS sheets for the employees to reference in case their was an exposure.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $0 · Current $0

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) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 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

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $12,431 · Current $8,080 Reduced

General-duty citation text

29 CFR  1926.50(g): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  a) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021 the employer failed to provide any type of eye washing/flushing stations/equipment to employees working with corrosive equipment.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $12,431 · Current $8,080 Reduced

General-duty citation text

29 CFR  1926.51(a)(1): An adequate supply of potable water was not provided in all places of employment:  a) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021 the employer failed to provide water for employees to drink while they worked outside in the sun. The employees were routinely exposed to excessive heat exposure that would create heat stress, heat exhaustion, and heat stroke.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $8,287 · Current $5,387 Reduced

General-duty citation text

29 CFR  1926.150(c)(1)(viii): Portable fire extinguishers were not inspected periodically and maintained in accordance with maintenance and use of portable fire extinguishers, N.F.P.A. No. 10A-1970:  a) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021 the employer failed to ensure the fire extinguishers located at the site were either monthly or annually inspected as required per N.F.P.A. No. 10A-1970.  Upon inspection with CSHO at the site it was determined that the fire extinguisher was depleted and provided no fire fighting capability.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $14,502 · Current $9,426 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) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 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 to dust particles during and after cutting concrete stones without required engineering controls.

Issued

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $0 · Current $0

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) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 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

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $14,502 · Current $10,151 Reduced

General-duty citation text

29 CFR  1926.1153(e)(1)(i): Respiratory protection was not provided where specified by Table 1 of paragraph (c) of this section:  a) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 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

Mar 8, 2022

Abate by

Apr 1, 2022

Penalty

Initial $0 · Current $0

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) 36814 Crossrail Way in the Showfield Development Lewes, DE 19958: On or about September 10, 2021, the employer failed to institute any type of respiratory protection program for the employees required to wear respirators when cutting concrete activities covered by Table-1 exposed the employees to respirable crystalline silica.