OSHA Inspection: D. W. BURT, INC.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $3,572 · Current $0 Reduced

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) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, the employer did not develop nor maintain a chemical inventory list identifying the hazardous chemicals being used by their employees.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $5,358 · Current $0 Reduced

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) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 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

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $3,572 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, the respirable crystalline silica  as required by the hazard communication program (including SDS information and list of hazardous substances, and training associated) for the employees at the site. Furthermore, the company did not provide any information including respirable crystalline silica information that was provided to the employees.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $6,250 · Current $0 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) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, the employer did not provide or maintain a program that provided for frequent or regular inspections of the job sites they work at or controlled be completed by a competent person(s).  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, the employer did not provide or maintain a program that provided for frequent or regular inspections of the job sites they work at or controlled be completed by a competent person(s).

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $6,250 · Current $0 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) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, the employer failed to ensure that employees engaged in concrete construction activities were instructed to recognize hazards associated with working around heavy construction equipment exposing them to crushed by/caught in hazards while building elevator shafts and stairway towers.  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, the employer failed to ensure that employees engaged in concrete construction activities were instructed to recognize hazards associated with working around heavy construction equipment exposing them to crushed by/caught in hazards while building elevator shafts and stairway towers.

Issued

Mar 29, 2023

Penalty

Initial $5,358 · Current $0 Reduced

General-duty citation text

29 CFR  1926.100(a): Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns:  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, employees engaged in concrete construction activities with overhead hazards were not protected by protective helmets while conducting crane lifts of steel panels for concrete walls.   b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, employees engaged in concrete construction activities with overhead hazards were not protected by protective helmets while conducting crane lifts of steel panels for concrete walls.

Issued

Mar 29, 2023

Penalty

Initial $2,678 · Current $0 Reduced

General-duty citation text

29 CFR  1926.152(a)(1): Containers and portable tanks used for the storage and handling of flammable and combustible liquids were not approved:  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, a fuel storage tank at the site containing flammable liquids was not DOT approved. This exposed employees to injuries due to flammable/combustible liquids.

Issued

Mar 29, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1926.501(b)(5): Each employee on the face of formwork or reinforcing steel was not protected from falling 6 feet (1.8 m) or more to lower levels by personal fall arrest systems, safety net systems, or positioning device systems:  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, employees working on formwork more than 6 feet above the ground without any fall protection.  Employees were exposed to fall hazards approximately 20 feet above mixed concrete soil base.  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, employees working on formwork more than 6 feet above the ground without any fall protection. Employees were exposed to fall hazards approximately 20 feet above mixed concrete soil base.

Issued

Mar 29, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): When portable ladders were used for access to an upper landing surface, the ladder side rails did not extend at least 3 feet above the upper landing surface to which the ladder was used to gain access:   a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, employees used ladders that did not extend at least 3 feet above the upper landing to access the upper levels of a multi story building, exposing employees to fall hazards approximately 20 feet above grade.  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, employees used ladders that did not extend at least 3 feet above the upper landing to access the upper levels of a multi story building, exposing employees to fall hazards approximately 20 feet above grade.

Issued

Mar 29, 2023

Penalty

Initial $5,358 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1412(d)(1): Visual inspections were not performed by a competent person prior to each shift for apparent deficiencies of the equipment that was used:  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, visual inspections were not performed by a competent person and employees were not trained and certified to understand the apparent deficiencies of the equipment used at the site, exposing employees hazards associated to the lifting operations that were taking place.  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, visual inspections were not performed by a competent person and employees were not trained and certified to understand the apparent deficiencies of the equipment used at the site, exposing employees hazards associated to the lifting operations that were taking place.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $5,358 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1412(e)(1): The equipment in service was not inspected each month in accordance with paragraph (d) of this section (each shift).  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, the Link-Belt Telescopic Rough Terrain Crane Model RTC8050 Serial #J6J26202 operated at the site was not inspected each month to ensure employees were not exposed to unsafe equipment.  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, the Link-Belt Telescopic Rough Terrain Crane Model RTC8050 Serial #J6J26202 operated at the site was not inspected  each month to ensure employees were not exposed to unsafe equipment.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $5,358 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1412(e)(3)(i): The employer did not document and maintain the results of the monthly inspection including the items checked along with the date and signature of the person performing the inspection.  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 19, 2022 and October 11, 2022, monthly crane inspections were not documented and maintained at the site and not present upon request.

Issued

Mar 29, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1417(d): The operator must not engage in any practice or activity that diverts his/her attention while actually engaged in operating the equipment, such as the use of cellular phones (other than when used for signal communications).  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 19, 2022, the operator was distracted and engaged in activity which diverted his attention while engaged in operating the Link-Belt Telescopic Rough Terrain crane during a lift that was taking place, exposing employees to struck by hazards.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $3,572 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1425(c)(3): The materials were not rigged by a qualified rigger.  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, employees conducting rigging activities were not qualified to rig the loads being lifted by their cranes, exposing the employees to drop and struck-by hazards.  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, employees conducting rigging activities were not qualified to rig the loads being lifted by their cranes, exposing the employees to drop and struck-by hazards.

Issued

Mar 29, 2023

Penalty

Initial $4,465 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1425(d): The employer did not ensure that only employees needed to receive a load were within the fall zone when a load is being landed.  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022, employee were permitted to receive a load within the fall zone during a lifting operation at the site.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $3,572 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1427(a): General requirements for operators. The employer did not ensure that each operator is trained, certified/ licensed, and evaluated in accordance with this section before operating any equipment covered under subpart CC, except for the equipment listed in paragraph (a)(2) of this section.  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 29, 2022,  employees conducting crane operations while using a Link-Belt Telescopic Rough Terrain Crane were not trained, certified/licensed, and evaluated prior to operating a crane, exposing employees to crushed by and drop hazards.  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, employees conducing crane operations while using a Link-Belt Telescopic Rough Terrain Crane were not trained, certified/licensed, and evaluated prior to operating a crane, exposing employees to crushed by and drop hazards.

Issued

Mar 29, 2023

Abate by

Apr 24, 2023

Penalty

Initial $3,572 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1427(b): The employer did not provide each operator-in-training with sufficient training, through a combination of formal and practical instruction, to ensure that the operator-in-training developed the skills, knowledge, and ability to recognize and avert risk necessary to operate the equipment safely for assigned work.  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about September 19, 2022,  each crane operator was not trained, certified/licensed, and evaluated prior to operating a crane, exposing employees to crushed by and drop hazards.  b) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022,  each crane operator was not trained, certified/licensed, and evaluated prior to operating a crane, exposing employees to crushed by and drop hazards.

Issued

Mar 29, 2023

Penalty

Initial $893 · Current $0 Reduced

General-duty citation text

29 CFR  1904.40(a): The employer did not provide an authorized government representative the records within the four business hours.  a) East of the Intersection of Beebe Road and Hood Road in Rehoboth Beach, DE 19971: On or about October 11, 2022, OSHA injury and illness logs were not provided within four business hours. The employer provided the documents to OSHA on October 12, 2022.