OSHA Inspection: GOTHAM GREENS PULLMAN, LLC

Issued

Mar 23, 2022

Abate by

Apr 25, 2022

Penalty

Initial $8,287 · Current $5,250 Reduced

General-duty citation text

29 CFR  1910.22(c): The employer did not provide, and ensure each employee uses, a safe means of access and egress to and from walking-working surfaces.  a.  On or about December 8, 2021, in the facility, employees were exposed to slip, trip and fall hazards when accessing runways that were between three feet, one inch (3'1") and four feet, two inches (4'2") high.   The employer failed to provide a safe means of access to the runways.

Issued

Mar 23, 2022

Abate by

Jul 7, 2022

Penalty

Initial $12,431 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.28(b)(1)(i):  Except as provided elsewhere in this section 29 CFR 1910.28, the employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the systems described in 29 CFR 1910.28(b)(1)(i):  a.  On or about December 8, 2021, in the greenhouse, employee(s) are exposed to fall hazards of four feet, two inches (4'2") when the walking working surface in aisle 1 (nursery catwalk) had unprotected sides and edges for which a means of fall protection was not provided.   b.  On or about December 8, 2021, in the greenhouse, employee(s) are exposed to fall hazards of four feet, one and a half inches (4'1.5") when the walking working surface in aisle 7 had unprotected sides and edges for which a means of fall protection was not provided.   c. On or about December 8, 2021, in the greenhouse, employee(s) are exposed to fall hazards of four feet, one and a half inches (4'1.5") when the walking working surface in aisle 11 had unprotected sides and edges for which a means of fall protection was not provided.

Issued

Mar 23, 2022

Abate by

Apr 25, 2022

Penalty

Initial $10,360 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.132(a):  Protective equipment was not provided when necessary whenever hazards capable of causing injury and impairment were encountered:  a.  On or about December 8, 2021, in the seeding area, employee(s) were exposed to mineral wool and were not provided with adequate skin protection for the body.  The disposable sleeves provided by the employer did not prohibit mineral wool fibers from making contact with the skin, which exposed affected employees to skin irritation and rash.

Issued

Mar 23, 2022

Abate by

May 9, 2022

Penalty

Initial $10,360 · Current $5,000 Reduced

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:  a.  On or about February 9, 2022, in the seeding area, employees were required to wear filtering face piece air purifying respiratory protection, including a 3M 8511 N95 particulate respirator, when conducting seeding operations.  The employer failed to develop and implement a written worksite-specific respiratory protection program, thereby exposing employees to respiratory system hazards associated with exposure to mineral wool.    The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.

Issued

Mar 23, 2022

Abate by

May 9, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  a.��On or about February 9, 2022, in the seeding area, the employer�had not�ensured that�each employee�required to wear filtering face piece air purifying respiratory protection, including a 3M 8511 N95 particulate respirator, had been provided with a medical evaluation.

Issued

Mar 23, 2022

Abate by

May 9, 2022

Penalty

Initial $0 · Current $0

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.	On or about February 9, 2022, in the seeding area,  employees were required to wear filtering face piece air purifying respiratory protection, including a 3M 8511 N95 particulate respirator.  The employer did not ensure employees were provided with a fit test prior to the initial use of  the respirator(s), thereby exposing employees to respiratory system hazards associated with exposure to mineral wool.

Issued

Mar 23, 2022

Abate by

May 31, 2022

Penalty

Initial $12,431 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  a. On or about December 8, 2021, in the facility, the employer failed to develop and implement a hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling of containers of hazardous chemicals;  2) Safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be present in the workplace; 5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of safety data sheet availability; the labeling system and any precautionary measures to protect employees.  Employee exposure included, but was not limited to, mineral wool and sodium carbonate peroxyhydrate.

Issued

Mar 23, 2022

Abate by

May 31, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training as specified in 29 CFR 1910.1200(h)(1) and (2) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced in the workplace:    a.  On or about December 8, 2021, in the facility, all employees had not been trained with effective information on hazardous chemicals in their work areas such, as but not limited to, mineral wool and sodium carbonate peroxyhydrate.

Issued

Mar 23, 2022

Abate by

May 31, 2022

Penalty

Initial $1,163 · Current $750 Reduced

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify, through a written certification, the identity of the workplace evaluated, the person certifying that the evaluation had been performed, and the date the hazard assessment was done:  a.  On or about December 8, 2021, in the facility, the�employer had�not conducted�a personal�protective equipment�assessment, which�included the�identity of�the workplace�evaluated, the�person who�conducted the�evaluation and�the date�of the�hazard assessment.��Employee exposure�included, but�was not�limited to,�mineral wool and sodium carbonate peroxyhydrate.