OSHA Inspection: NICHOLS NURSERY, INC

Issued

May 3, 2022

Abate by

May 27, 2022

Penalty

Initial $10,151 · Current $6,091 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 condition(s) and the regulation(s) applicable to this work environment to control or eliminate any hazard(s) or other exposure to illness or injury:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive approximately 30 yards), Felton, DE: On or about 11/05/2021, the employer failed to ensure that employees engaged in trenching and excavation activities were instructed to recognize hazards associated with working in trenches exposing them to a trench collapse while installing a sewer pipe.  The trench did not have the ends of the trench protected, the spacing between trench boxes were unprotected, and the trench boxes were structurally deficient according the tab data provided by the manufacturer.

Issued

May 3, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.601(b)(8): Motor vehicles used to transport employees did not have adequate seating for the number of employees:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive approximately 30 yards), Felton, DE: On or about 11/05/2021, the employer failed to prevent or remove two employees from riding on the outside of the bucket loader as transportation to the trench site.

Issued

May 3, 2022

Penalty

Initial $10,151 · Current $6,091 Reduced

General-duty citation text

29 CFR  1926.651(j)(1): Adequate protection was not provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive), Felton, DE: On or about 11/05/2021, the employer failed to protect employees from soil or rocks that could have entered the area where the employees were working due to a lack of continuity between the two trench boxes being used at the site. There were significant gaps between the trench boxes allowing for debris to enter the work area.

Issued

May 3, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could have resulted in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees were not removed from the hazardous area until the necessary precautions were taken to ensure their safety:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive), Felton, DE: On or about 11/05/2021, the employer failed to ensure that the competent person removed employees from hazardous conditions.  The competent person required employees to enter and work in a trench with undermined and unsupported structures, no shields at the ends allowing soil from cracking and fissuring edges continued to breach the work area designated in the trench box. Soil was allowed to enter the section where the trench boxes come together due to the size of the trench boxes not being the same and no type of shielding system was used to prevent the spoil pile from spilling into the work area.  Furthermore, the competent person had no information or recollection of inspecting/verifying the work area was free of hazards.

Issued

May 3, 2022

Penalty

Initial $0 · Current $0

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 paragraph (b) or (c) of 29 CFR 1926.652.  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive approximately 30 yards), Felton, DE - On or about 11/05/2021, the employer failed to protect employees working in a trench by an adequate protective system. The competent person required employees to enter and work in a trench with undermined and unsupported structures, no shields at the ends allowing soil from cracking and fissuring edges continue to breach the work area designated in the trench box and where the trench boxes come together soil was allowed to enter due to the size of the trench boxes not being the same and no type of shielding system was used to prevent the spoil pile from spilling into the work area which was improperly benched and did not have a protective shield in place.

Issued

May 3, 2022

Penalty

Initial $10,151 · Current $6,091 Reduced

General-duty citation text

29 CFR  1926.652(c)(3)(iii): At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, was not maintained at the jobsite during construction of the protective system:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive), Felton, DE: On or about 11/05/2021, the employer failed to have/maintain any type of tabulated data when requested at the site or prior to constructing the protective system being used for the employees installing the new sewer line connections.

Issued

May 3, 2022

Abate by

May 27, 2022

Penalty

Initial $10,151 · Current $6,091 Reduced

General-duty citation text

29 CFR  1926.652(d)(1): Materials and equipment used for protective systems were not free from damage or defects that might impair their proper function:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive), Felton, DE: On or about 11/05/2021, employees were required to  work in trench excavation at depths of up to 10 feet and a length of more than 30 feet, where the employer failed to ensure manufactured materials and equipment in protective systems were maintained in a manner consistent with the recommendations of the manufacturer. The shields were damaged, showed obvious areas where they have bent bent/manipulated in a way that would reduce the structural rigidity, and some pins being used were not to the manufacturers specifications exposing employees to hazards including but not limited to potential collapse/cave-in.

Issued

May 3, 2022

Abate by

May 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.652(d)(2): Manufactured materials and equipment used for protective systems were not used and maintained in a manner that was consistent with the recommendations of the manufacturer:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive), Felton, DE: On or about 11/05/2021, employees were required to work in trench/excavation at depths of up to 10 feet and a length of more than 30 feet, where the employer failed to ensure manufactured materials and equipment in protective systems were maintained in a manner consistent with the recommendations of the manufacturers specifications, exposing employees to hazards including but not limited to potential collapse/cave-in.

Issued

May 3, 2022

Abate by

May 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.652(d)(3): When material or equipment that was used for protective systems was damaged, a competent person did not examine the material or equipment and evaluate its suitability for continued use:  a) Loganberry development, East of Barney Jenkins Road (right of Tayberry Drive), Felton, DE: On or about 11/05/2021, employees were exposed to a cave-in while installing a sewer pipe in a trench/excavation approximately 10 feet in depth with trench boxes that had holes, showed signs of structural bending, and the competent person was unable to provide assurance the trench box could support the intended load nor removed the equipment from use.