OSHA Inspection: TONY & SONS LANDSCAPING, LLC

Issued

2023-09-22 00:00:00

Penalty

Initial $6250.00 · Current $4063.00 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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 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

2023-09-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 2023, the employer did not develop nor maintain a chemical inventory list identifying the hazardous chemicals being used by their employees.

Issued

2023-09-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 2023, 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 at the site (readily available) in case there was an exposure.

Issued

2023-09-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 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

2023-09-22 00:00:00

Penalty

Initial $6250.00 · Current $4063.00 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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 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

2023-09-22 00:00:00

Abate by

2023-10-19 00:00:00

Penalty

Initial $7813.00 · Current $5078.00 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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 2023, the employer failed to conduct any type of employee assessment to the exposure of respirable crystalline silica dust or schedule monitoring for the employees reasonably expected to be exposed to dust particles during and after crushing concrete material into gravel without required engineering controls.

Issued

2023-09-22 00:00:00

Abate by

2023-10-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 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

2023-09-22 00:00:00

Abate by

2023-10-19 00:00:00

Penalty

Initial $7813.00 · Current $5078.00 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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 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

2023-09-22 00:00:00

Abate by

2023-10-19 00:00:00

Penalty

Initial $1562.00 · Current $1015.00 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) Lot 41 of the Schooners Landing development, Selbyville, DE 19975: On or about August 14, 2023, the employer did not provide the OSHA 300 logs for years 2020, 2021, 2022, and year to date 2023 after being requested.