OSHA Inspection: DARIUS MASONRY INC.

Issued

Jul 1, 2024

Abate by

Aug 15, 2024

Penalty

Initial $11,292 · Current $8,469 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 conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:   a) Worksite, 1 Piper Lane, Head of Harbor, NY- Employees were not trained to recognize hazards associated with an employee entering an unprotected excavation approximately 18ft in depth.  The excavation had no shoring, shielding or adequate sloping; on or about 1/8/24.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Jul 1, 2024

Abate by

Jul 8, 2024

Penalty

Initial $16,131 · Current $12,100 Reduced

General-duty citation text

29 CFR  1926.651(j)(2):Protection was not provided by placing and keeping excavated or other materials or equipment at least 2 feet (.61m) from the edge of excavations, or by the use of retaining devices that were sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.  a) Worksite, 1 Piper Lane, Head of Harbor, NY-  An employee was working inside an approximately 18' deep excavation directly below a spoil pile placed at the edge of the excavation; on or about 1/8/24.  Note:   Because abatement of this violation is already documented in the case file, the employer need not submit certification or documentation of abatement for this violation as normally required by CFR 1903.19.

Issued

Jul 1, 2024

Abate by

Jul 12, 2024

Penalty

Initial $11,292 · Current $8,467 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.   a) Worksite, 1 Piper Lane, Head of Harbor, NY-Employee was working in an excavation approximately 18 feet in depth that was not inspected by a competent person prior to work; on or about 1/8/24.  Note:   Because abatement of this violation is already documented in the case file, the employer need not submit certification or documentation of abatement for this violation as normally required by CFR 1903.19.

Issued

Jul 1, 2024

Abate by

Jul 12, 2024

Penalty

Initial $16,131 · Current $12,100 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 with 29 CFR 1926.652 (b) or (c).  a) Worksite, 1 Piper Lane, Head of Harbor, NY- Employee was working inside an approximately 40' long, 20' wide 18' deep excavation without protection from an adequate protective system exposing employees to a cave-in hazard; on or about 1/8/24.  Note:   Because abatement of this violation is already documented in the case file, the employer need not submit certification or documentation of abatement for this violation as normally required by CFR 1903.19.