OSHA Inspection: ZACK EXCAVATING, INC

Issued

Mar 3, 2023

Abate by

Mar 29, 2023

Penalty

Initial $6,250 · Current $0 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) North of NE 4th Street and DE Route 14, New Milford Police Department, Milford, DE 19963: On or about September 7, 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

Mar 3, 2023

Abate by

Mar 29, 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) North of NE 4th Street and DE Route 14, New Milford Police Department, Milford, DE 19963: On or about September 7, 2022, the employer did not develop nor maintain a chemical inventory list identifying the hazardous chemicals being used by their employees.

Issued

Mar 3, 2023

Abate by

Mar 29, 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) North of NE 4th Street and DE Route 14, New Milford Police Department, Milford, DE 19963: On or about September 7, 2022, employees were not provided 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 3, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.651(j)(2): Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of the excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.  a) North of NE 4th Street and DE Route 14, New Milford Police Department, Milford, DE 19963: On or about September 7, 2022, employees were exposed to excavated materials immediately above the work area where several inches of excavated soil was present along an unprotected trench/excavation. The soil at the site was wet and created an additional load on the walls of the trench/excavation adding to the potential of an exposure to a collapse.

Issued

Mar 3, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.651(k)(1): An inspection of the excavations, the adjacent areas, and protective systems was not made after every rainstorm or other hazard increasing occurrence:  a) North of NE 4th Street and DE Route 14, New Milford Police Department, Milford, DE 19963: On or about September 7, 2022, inspection of the excavation was not conducted by a competent person to remove employees from hazardous conditions. The competent person required employees to enter and work in a trench/excavation without any protective means in place to prevent collapse, means of egress, and the excavated soil along the edge of the trench/excavation while it was raining, exposing employees to hazards associated with a potential trench/excavation collapse.