OSHA Inspection: ECM CORPORATION

Issued

Dec 19, 2022

Abate by

Jan 17, 2023

Penalty

Initial $5,470 · Current $3,282 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) At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 2022, 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

Dec 19, 2022

Abate by

Jan 17, 2023

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) At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 2022, the employer did not develop nor maintain a chemical inventory list identifying the hazardous chemicals being used by their employees.

Issued

Dec 19, 2022

Abate by

Jan 17, 2023

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) At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 2022, 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

Dec 19, 2022

Abate by

Jan 17, 2023

Penalty

Initial $5,470 · Current $3,282 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) At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 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 roadway pavement work through an intersection.

Issued

Dec 19, 2022

Abate by

Jan 6, 2023

Penalty

Initial $5,470 · Current $3,282 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) At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 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 roadway surfacing activities.

Issued

Dec 19, 2022

Penalty

Initial $2,735 · Current $1,641 Reduced

General-duty citation text

29 CFR  1926.25(c): Garbage and/or other waste was not disposed of at frequent and regular intervals:  a) At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 2022, the employer failed to remove trash from the area where the bathroom facilities were located attracting vermin, insects and wild animals to the area where the employees staged their work:

Issued

Dec 19, 2022

Penalty

Initial $4,558 · Current $2,735 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) Paving job for DELDOT - At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 2022: On or about 9/28/2021, employees were exposed to multiple hazards onsite including but not limited to struck by/ caught in hazards when they accessed or egressed the site and parked equipment and vehicles within the work zone  to perform site paving operations which were not equipped with appropriate lighting or lighting was not operating according to Section 6F.81. The paving operation continued until the early morning hours which provided for significantly reduced visibility.

Issued

Dec 19, 2022

Penalty

Initial $5,470 · Current $3,282 Reduced

General-duty citation text

29 CFR  1926.201(a): Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers did not conform to Part VI of the Manual on Uniform Traffic Control Devices,  2009 Edition, December 2009 (including Revision 1 dated May 2012 and Revision 2 dated May 2012) - see 1926.6:):   a) At the intersect of Delaware Route 14 and North Rehoboth Boulevard, proceeding both east and west on Delaware Route 14, including the worksite at the intersection of NE 4th Street and NE Front Street in Milford, DE 19963: On or about June 23, 2022, the employer failed to ensure that the employee was provided proper training before being placed in the active roadway as stated in the MUTCD  Section 6E .01.  Employee was exposed to multiple hazards onsite including but not limited to struck-by and caught-in hazards when that employee performed flagging operations without training.