OSHA Inspection: CHRISTIANA EXCAVATING CO.

Issued

Oct 18, 2023

Penalty

Initial $9,376 · Current $6,563 Reduced

General-duty citation text

29 CFR  1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  a) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, the employer failed to ensure employees received required respiratory protection training before working with hand and power tools for various duty requirements that create known respiratory hazards (i.e. concrete cutting, silica, etc.)

Issued

Oct 18, 2023

Penalty

Initial $6,250 · Current $4,375 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) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, 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

Oct 18, 2023

Penalty

Initial $0 · Current $0

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) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, the employer did not provide a hazard communication program that included respirable crystalline silica (including SDS information and list of hazardous substances, and training associated) for the employees at the site.

Issued

Oct 18, 2023

Abate by

Nov 14, 2023

Penalty

Initial $7,813 · Current $5,469 Reduced

General-duty citation text

29 CFR  1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:  a) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, the CSHO observed employees exposed to respirable crystalline silica dust without any assessments or monitoring for the employees reasonably expected to be exposed to dust particles during and after cutting concrete material and/or mixing and applying concrete without the required engineering controls.

Issued

Oct 18, 2023

Abate by

Nov 14, 2023

Penalty

Initial $7,813 · Current $5,469 Reduced

General-duty citation text

29 CFR  1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  a) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, the employer did not institute any type of respiratory protection program for the employees required to wear respirators when cutting concrete activities covered by Table-1 exposed the employees to respirable crystalline silica.

Issued

Oct 18, 2023

Abate by

Nov 14, 2023

Penalty

Initial $7,813 · Current $5,469 Reduced

General-duty citation text

29 CFR  1926.1153(g)(1):29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan that contained at least the elements of paragraph(s) 1926.1153(g)(1)(I) through (iv):  a) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, the employer did not implement any type exposure control plan for those employees exposed or potentially exposed to respirable crystalline silica (silica dust).

Issued

Oct 18, 2023

Abate by

Nov 14, 2023

Penalty

Initial $7,813 · Current $5,469 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) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, the employer did not ensure that employees engaged in excavation activities were instructed to recognize hazards associated with working in excavations exposing them to a trench collapse while installing a drain pipe in an excavation measuring approximately 4.5 feet in depth/9 feet wide/28' long. The excavation did not have a ladder or adequate means of egress, the sides and ends of the excavation.

Issued

Oct 18, 2023

Penalty

Initial $9,376 · Current $6,563 Reduced

General-duty citation text

29 CFR  1926.651(c)(2):  A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees:  a) Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, CSHO observed the lack of a ladder or other safe means of egress was located in an excavation that was approximately 4.5 feet deep and 28 feet long.

Issued

Oct 18, 2023

Abate by

Nov 14, 2023

Penalty

Initial $1,562 · Current $1,093 Reduced

General-duty citation text

29 CFR  1904.29(b)(1): The employer did not provide the required injury or illness descriptions on the OSHA Form 300 or equivalent:  Northeast corner of Leipsic Road/North State Street and North Dupont Highway (Route 13) (in the area of previous address 837 North Dupont Highway), Dover, DE 19901: On or about May 5, 2023, the employer had not provided the required description of the injury or illness, parts of body affected, and object/substance that directly injured or made person ill on the OSHA Form 300 or its equivalent for the calendar year 2023.  Violative instances included but were not limited to:  a) Case No. 1 occurring on 01/23/2023 did not contain a complete entry in Column F, description for the recordable injury.  Column F only contained 'Cut Finger'. Failing to describe the illness or injury, parts of the body affected, and object/substance that directly injured or made person ill.   b) Case No. 1 occurring on 01/23/2023 did not contain a complete entry in Column F, description for the recordable injury.  Column F only contained 'Sprained Ankle'. Failing to describe the illness or injury, parts of the body affected, and object/substance that directly injured or made person ill.