OSHA Inspection: NICHOLS NURSERY, INC

Issued

Feb 16, 2024

Penalty

Initial $31,939 · Current $23,954 Reduced

General-duty citation text

29 CFR 1926.651(j)(1): Adequate protection was not provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face:  a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, employees were not protected from soil or rocks that could have entered the area where the employees means of egress was positioned inside the trench box. The trench box did not have plates on the end to prevent the soil from flowing into the work area where employees were installing a new sewer connection.   Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 2a and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.

Issued

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.651(k)(2): Where the competent person found evidence of a situation that could have resulted in possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees were not removed from the hazardous area until the necessary precautions were taken to ensure their safety:  a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, the competent person required employees to enter and work in an excavation with undermined and unsupported structures, no shields at the ends allowing soil from cracking and fissuring edges continued to breach the work area designated in the trench box. Soil was allowed to enter the excavation unabated adjacent to the employees means of egress.  Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 2b and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.

Issued

Feb 16, 2024

Penalty

Initial $31,939 · Current $23,954 Reduced

General-duty citation text

29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance paragraph (b) or (c) of 29 CFR 1926.652.  a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, employees working in an excavation were not protected by an adequate protective system. The competent person required employees to enter and work in an excavation with undermined and unsupported structures, no shields at the ends allowing soil from cracking and fissuring edges continue to breach the work area designated in the trench box.  b) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, an employee was required to access an area of the excavation that was not protected by any type of protective system to install a manhole for the new sewer service being installed.  Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 2c and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.

Issued

Feb 16, 2024

Penalty

Initial $0 · Current $2,092

General-duty citation text

29 CFR  1926.652(d)(1): Materials and equipment used for protective systems were not free from damage or defects that might impair their proper function:  a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, employees were required to work in an excavation at depths of up to 11 feet 6 inches, where the employer failed to ensure manufactured materials and equipment in protective systems were maintained in a manner consistent with the recommendations of the manufacturer. The trench boxes were damaged, showed obvious areas where they have bent bent/manipulated in a way that would reduce the structural rigidity, and some pins being used were not to the manufacturer's specifications exposing employees to hazards including but not limited to potential collapse/cave-in.  Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 4a and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.

Issued

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.652(d)(2): Manufactured materials and equipment used for protective systems were not used and maintained in a manner that was consistent with the recommendations of the manufacturer:  a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE: On or about 8/23/2023, employees worked in an excavation at depths of up to 11 feet 6 inches, where the employer did not ensure manufactured materials and equipment in protective systems were maintained in a manner consistent with the recommendations of the manufacturers specifications, exposing employees to hazards including but not limited to potential collapse/cave-in.  Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 4b and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.

Issued

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.652(d)(3): When material or equipment that was used for protective systems was damaged, a competent person did not examine the material or equipment and evaluate its suitability for continued use:  a) Magnolia Estates Development, Lot 37 & 105 in Magnolia, DE - On or about 8/23/2023, employees were exposed to a cave-in while installing a sewer pipe in an excavation approximately 11 feet 6 inches in depth with trench boxes that had holes, showed signs of structural bending, and the competent person was unable to provide assurance the trench box could support the intended load nor removed the equipment from use.  Nichols Nursery, Inc dba Nichols Excavation, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.651(j)(1), which was contained in OSHA inspection number 1562436, citation number 1, item number 4c and was affirmed as a final order on 8/29/2022, with respect to a workplace located at Tayberry Drive and Gurrant Circle, Loganberry Development in Felton, DE 19943.