OSHA Inspection: ATLANTIC LANDSCAPING INC

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.95(a):Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, was not provided, used, or maintained in a sanitary and reliable condition it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.  Location: Worksite  On or about December 15, 2023 employees were exposed to respirable crystalline silica dust hazards, impalement hazards, and fumes while dry-cutting stone with a Stihl 420 cut-off machine, where the employer did not provide impact resistant eye protection, hearing protection, hardhat, or any other protective clothing to employees.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.651(k)(1):Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.   Location: Worksite  On or about December 15, 2023, employees were exposed struck-by hazards, caught-in-or- between hazards, and other hazardous conditions where the excavation on site was not inspected daily by a competent person.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 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.  Location: Worksite  On or about December 15, 2024, employees were exposed to respirable crystalline silica dust hazards where the employer did not implement engineering and work practice controls, including the use of an integrated water delivery system while cutting stone with a Stihl 420 cut-off saw, as per the requirement of Table 1.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(d)(1):The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 g/m3, calculated as an 8-hour TWA.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone, where the employer had not performed any air monitoring to know the employee's exposure.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(d)(2)(i):The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section.  Location: Worksite  On or about December 15, 2023, employee exposure to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to dry-cut stone was not assessed by the employer.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 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.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone, where the employer has no written respiratory protection program.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(g)(1):The employer did not establish and implement a written exposure control plan.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone, where the employer had not established nor implemented a written exposure control plan.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(g)(4):The employer did not designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone, where the employer did not designated a competent person to make frequent and regular inspections of the job site.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(h)(1)(i):The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone as part of their normal duties throughout the year, where the employer had not made medical surveillance available to the employees.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(h)(2):The employer did not make available an initial (baseline) medical examination within 30 days after initial assignment when the employee had not received a medical exam that meets the requirements of this section within the last three years.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone, where the employer had not made an initial (baseline) medical examination available to these employees.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(h)(3):The employer did not make available medical examinations that included the procedures described in paragraph (h)(2) of this section (except paragraph (h)(2)(v)) at least every three years, or more frequently if recommended by the PLHCP.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone, where the employer had not made any medical examinations available to these employees as required.

Issued

Apr 26, 2024

Abate by

May 6, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(i)(1):The employer did not ensure that each employee is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section.  Location: Worksite  On or about December 15, 2023, employees were exposed to respirable crystalline silica dust hazards while utilizing the Stihl 420 cut-off machine to cut stone, where the employer had not trained the employees on respirable crystalline silica as required, in order to comply with the hazard communication standard.