OSHA Inspection: ERNEST MAIER, INC.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $13,260 · Current $13,260

General-duty citation text

29 CFR 1910.28(c)(2): Erecting canopy structures and keeping potential falling objects far enough from an edge, hole, or opening to prevent them from falling to a lower level; or  a) 30243 Millsboro Hwy., Millsboro, DE 19966 (Lintel Plant): On or about May 5, 2023, employees were exposed to hazards related to emergency evacuation of the building while working in the area where the exit sign leading to the stairwell was not illuminated to ensure visibility in the event of an emergency evacuation.

Issued

Oct 31, 2023

Penalty

Initial $8,840 · Current $8,840

General-duty citation text

29 CFR 1910.37(a)(4): Safeguard(s) designed to protect employees during an emergency (e.g., sprinkler systems, alarm systems, fire doors, exit lighting), were not in proper working order at all times:   a) 30243 Millsboro Hwy., Millsboro, DE 19966 (Main office building): On or about May 5, 2023 and days prior, employees were exposed to hazards related to emergency evacuation of the building while working in the area where the exit signs leading to egress where not illuminated to ensure visibility in the event of an emergency evacuation.  b) 30243 Millsboro Hwy., Millsboro, DE 19966 (Lintel Plant): On or about May 5, 2023, and days prior, employees were exposed to hazards related to emergency evacuation of the building while working in the area where the exit signs leading to egress where not illuminated to ensure visibility in the event of an emergency evacuation.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $13,260 · Current $13,260

General-duty citation text

29 CFR  1910.106(b)(2)(vii)(a): Area(s) surrounding tank(s) containing flammable liquids were not provided with adequate drainage or dikes:  a) 30243 Millsboro Hwy., Millsboro, DE 19966 (Yard): On or about May 5, 2023 and days prior,  employees were exposed  fire and chemical burn hazards when the employer failed to provide  adequate drainage or dikes surrounding the above ground  1000 gallon gasoline tank.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(b)(7)(i): The American Society of Mechanical Engineers (ASME) code stamp, American Petroleum Institute (API) monogram or the label of the Underwriters' Laboratories, Inc. on a tank was not present as evidence for strength test compliance:  a) 30243 Millsboro Hwy., Millsboro, DE 19966 (Yard): On or about May 5, 2023, employees were exposed due to the employer supplying and operating a 1000-gallon fixed gasoline tank that was manufactured and did not have the required label identifying evidence for strength test compliance.  b) 30243 Millsboro Hwy., Millsboro, DE 19966 (Lintel Plant Entrance): On or about May 5, 2023, employees were exposed due to the employer supplying and operating a diesel fuel tank that was manufactured and did not have the required label identifying evidence for strength test compliance.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(d)(2)(ii): "Emergency venting." Each portable tank shall be provided with one or more devices installed in the top with sufficient emergency venting capacity to limit internal pressure under fire exposure conditions to 10 psig, or 30 percent of the bursting pressure of the tank, whichever is greater. The total venting capacity shall be not less than that specified in paragraphs (b)(2)(v) (c) or (e) of this section. At least one pressure-activated vent having a minimum capacity of 6,000 cubic feet of free air (14.7 psia and 60 deg. F.) shall be used. It shall be set to open at not less than 5 psig. If fusible vents are used, they shall be actuated by elements that operate at a temperature not exceeding 300 deg. F:  a) 30243 Millsboro Hwy., Millsboro, DE 19966 (55 Gallon Diesel) Tank: On or about May 5, 2023, employees were exposed when the employer failed to provide each portable tank with one or more devices installed in the top with sufficient emergency venting capacity to limit internal pressure under fire exposure conditions to 10 psig, or 30 percent of the bursting pressure of the tank, whichever is greater as required.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $13,260 · Current $13,260

General-duty citation text

29 CFR  1910.147(c)(4)(ii)(A):The energy control procedures did not contain a specific statement on the intended use of the procedure.  a) 30243 Millsboro Hwy., Millsboro, DE 19966 (Lintel Mixer): On or about May 5, 2023, the employer exposed employees to hazardous energy sources when the employer did not develop a Lockout/Tag Out procedure that contained a statement of intended use of the procedure.  Failing to provide the intended use exposes non authorized employees to potential hazards energy.   b) 30243 Millsboro Hwy., Millsboro, DE 19966 (Kent Hydra Lintelator): On or about May 5, 2023, the employer exposed employees to hazardous energy sources when the employer did not develop a Lockout/Tag Out procedure that contained a statement of intended use of the procedure.  Failing to provide the intended use exposes non authorized employees to potential hazards energy.

Issued

Oct 31, 2023

Penalty

Initial $11,050 · Current $11,050

General-duty citation text

29 CFR 1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i.:  (a) 30243 Millsboro Hwy., Millsboro, DE 19966: On or about May 5, 2023, and days prior, employees were exposed to compressed air used for cleaning purposes that was not regulated to be less than 30 psi.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $8,840 · Current $8,840

General-duty citation text

29 CFR 1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemicals:   a) 30243 Millsboro Hwy., Millsboro, DE 19966 (Yard): On or about May 5, 2023 and days prior, employees were exposed to hazardous chemicals in the workplace when the employers supplied and operating a 1000-gallon gasoline tank that was manufactured and did not have the required HazCom labeling identifying potential hazards.  b) 30243 Millsboro Hwy., Millsboro, DE 19966 (Yard): On or about May 5, 2023, and days prior, employees were exposed to hazardous chemicals in the workplace when the employers supplied and operating a 55-gallon diesel tank that was manufactured and did not have the required HazCom labeling identifying potential hazards.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $26,520 · Current $26,520

General-duty citation text

29 CFR 1910.147(c)(4)(ii)(D):The energy control procedures did not clearly and specifically outline the requirements for testing a machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control  a) 30243 Millsboro Highway Millsboro, De 119966 (Kent Hydra Lintelator): On or about May 5, 2023, and days prior to, the employer exposed employees to hazardous energy sources when the employer did not develop clear and specific procedures for the control of hazardous energy to be used by employees engaged in servicing and maintenance of machinery and equipment, to include but not limited to the Kent Hydra Lintelator.  b) 30243 Millsboro Highway Millsboro, De 119966 (Lintel Mixer): On or about May 5, 2023, and days prior to, the employer exposed employees to hazardous energy sources when the employer did not develop clear and specific procedures for the control of hazardous energy to be used by employees engaged in servicing and maintenance of machinery and equipment, to include but not limited to the Lintel Mixer.  The Ernest Maier Inc. DBA Parker Block Co., Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.147(c)(4)(ii)(D), which was contained in OSHA inspection number 1356272, citation number 1, item number 1-a and was affirmed as a final order on May 16, 2019 , with respect to a workplace located at 30234 Millsboro Highway Millsboro, De 19966.

Issued

Oct 31, 2023

Abate by

Nov 28, 2023

Penalty

Initial $17,679 · Current $17,679

General-duty citation text

29 CFR  1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:   a) 30243 Millsboro Hwy., Millsboro, DE 19966 (Lintel Mixer): On or about May 5, 2023, and various days prior, the employer failed to conduct a periodic inspection of the Lintel Mixer lockout/tagout procedure had been performed.  b) 30243 Millsboro Hwy., Millsboro, DE 19966 (Kent Hydra Lintelator): On or about May 5, 2023, and various days prior, the employer failed to conduct a periodic inspection of the  Kent Hydra Lintelator had been performed.  The Ernest Maier Inc. DBA Parker Block Co., Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR  1910.147(c)(6)(i), which was contained in OSHA inspection number 1356272, citation number 1, item number 1-b and was affirmed as a final order on May 16, 2019 , with respect to a workplace located at 30234 Millsboro Highway Millsboro, De 19966.

Issued

Oct 31, 2023

Penalty

Initial $11,050 · Current $11,050

General-duty citation text

29 CFR 1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye.  a) 30243 Millsboro Highway Millsboro, DE 19966 (Office): On or about May 5, 2023, a work-related incident on May 1, 2023, resulting in in-patient hospitalization was not reported within 24-hours to OSHA. The incident was reported on May 5, 2023.