OSHA Inspection: SAM'S CONSTRUCTION, LLC

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $5,801 · Current $4,061 Reduced

General-duty citation text

29 CFR  OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were not protected from the hazard of being struck-by or caught-in between operating motor vehicles and equipment:  a) Route 40 (West) & Becks Woods Drive, Newark, DE 19702: On or about March 10, 2022, Employees were exposed to multiple hazards onsite including but not limited to struck by/caught in hazards when they traversed back and forth across Route 40 East and West bound to facilitate operations without the use of a properly communicated traffic control plan and internal traffic control plan.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $4,972 · Current $3,480 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):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) Route 40 (West) & Becks Woods Dr., Newark, DE 19702: on or about March 10, 2022, The employer did not provide or maintain a hazardous communication program available 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

Sep 6, 2022

Abate by

Sep 30, 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) Rt. 299 (East) at the entrance to Middletown Crossing: On or about September 8, 2021, the employer did not develop nor maintain a chemical inventory list identifying the hazardous chemicals being used by their employees on site.

Issued

Sep 6, 2022

Abate by

Sep 30, 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) Route 40 (West) & Becks Woods Drive : On or about September 8, 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 there was an exposure.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $4,972 · Current $3,480 Reduced

General-duty citation text

29 CFR 1926.20(b)(2): The employer did not initiate and maintain programs which provided for frequent and regular inspections of the job site, materials and equipment to be made by a competent person(s)  a) Route 40 (West) & Becks Woods Drive, Newark, DE 19702: On or about March 10, 2022, the employer failed to ensure frequent and regular inspections of the jobsite and equipment were conducted by a person competent in work zone safety standards which resulted in several hazardous conditions which exposed employees to struck by/caught in hazards when they performed pavement and rehabilitation work.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $4,972 · Current $3,480 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:  a) Route 40 (West) & Becks Woods Drive, Newark, DE 19702: On or about March 10, 2022, the employer failed to ensure employees were trained in work zone safety standards and on site specific conditions, procedures and traffic control plans/concepts which resulted in several hazardous conditions that exposed employees to struck by/caught in hazards when they performed site preparation work for pavement and rehabilitation work.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $5,801 · Current $4,061 Reduced

General-duty citation text

29 CFR 1926.200(g)(2): Traffic control signs or devices used for protection of construction workers did not conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition, December 2009 (including Revision 1 dated May 2012 and Revision 2 dated May 2012) - see 1926.6:  a) Route 40 (West) & Becks Woods Dr., Newark, DE 19702: On or about March 10, 2022, Employees were exposed to multiple hazards onsite including but not limited to struck by/ caught in hazards when they performed pavement and rehabilitation work for street curbs. Employees were exposed to struck by hazards where a truck mounted attenuator closed a shoulder with no indication to motorist of the closed shoulder as required by section 6G.07.   b) Route 40 (West) & Becks Woods Dr., Newark, DE 19702: On or about March 10, 2022, Employees were exposed to multiple hazards onsite including but not limited to struck by/ caught in hazards when they performed pavement and rehabilitation work for street curbs. Employees were exposed to struck by hazards where a truck mounted attenuator closed a shoulder where the beginning of the work space was not delineated by devices and traffic was not channelized away from the work area to remain on the traveled way as required by section 6G.07.