OSHA Inspection: DELEA SOD FARMS, INC.

Issued

Jul 12, 2024

Abate by

Jul 18, 2024

Penalty

Initial $6,453 · Current $4,840 Reduced

General-duty citation text

29 CFR 1910.23(b)(8): The employer did not ensure that ladders were used only for the purposes for which they were designed.  a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - An employee routinely used the top step of a step ladder to access the Sack Feed Machine; on or about 1/22/24.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 12, 2024

Abate by

Jul 18, 2024

Penalty

Initial $9,680 · Current $7,260 Reduced

General-duty citation text

29 CFR 1910.28(b)(1)(i):  Except as provided elsewhere in this section 29 CFR 1910.28, the employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the systems described in 29 CFR 1910.28(b)(1)(i):  a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - The employee working on the Sack Feed Machine was not protected from falling to the ground approximately 6 Feet 5.5 Inches; on or about 1/22/24.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 12, 2024

Abate by

Aug 28, 2024

Penalty

Initial $4,839 · Current $3,630 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1):  Employer had not developed or implemented a written hazard communication program that included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):  a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - Employees use chemicals such as but not limited to oil, solvent, antifreeze, glass cleaner, agricultural products, brake fluid, fuel stabilizer, and the employer did not have a written hazard communication program; on or about 1/22/24.    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 12, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s).  a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - Safety Data Sheets were not maintained for chemicals such as but not limited to Talc, Granular Absorbent-IL-MS, Motor Oil, WD-40, PB Penetrating Catalyst, Ultra Red Powerbead, Antifreeze/Inhibited Ethylene Glycol,  Krystal Kleer, Sprayway Glass Cleaner, agricultural products, Lok-Cease, Carquest Wearever DOT 3 Brake Fluid, and Stabil Fuel Stabilizer-Marine; on or about 1/22/24.    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 12, 2024

Abate by

Aug 28, 2024

Penalty

Initial $0 · Current $0

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) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - The employees use various chemicals including but not limited to Talc, Granular Absorbent-IL-MS, Motor Oil, WD-40, PB Penetrating Catalyst, Ultra Red Powerbead, Antifreeze/Inhibited Ethylene Glycol,  Krystal Kleer, Sprayway Glass Cleaner, agricultural products, Lok-Cease, Carquest Wearever DOT 3 Brake Fluid, and Stabil Fuel Stabilizer-Marine and the employer did not provide hazard communication training to the employees; on or about 1/22/24.    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 12, 2024

Abate by

Aug 28, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:  a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - Employees were voluntarily using tight fitting elastomeric respirators while operating the seed manufacturing equipment, and the employer did not develop a respiratory protection program; on or about 1/22/24.  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 12, 2024

Abate by

Aug 28, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or to use the respirator in the workplace:  a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - Employees voluntarily using tight fitting elastomeric respirators while operating the seed manufacturing equipment did not receive a medical evaluation, on or about 1/22/24.  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 12, 2024

Abate by

Aug 28, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:  a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - Employees voluntarily using tight fitting elastomeric respirators and N-95 respirators while operating the seed manufacturing equipment were not provided the information in Appendix D, on or about 1/22/24.  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 12, 2024

Abate by

Aug 28, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:   a) Worksite: 4083 Middle Country Road, Calverton, NY 11933 - Respiratory hazards were not identified and evaluated when employees were voluntarily using tight fitting elastomeric respirators, on or about 1/22/24.  Note: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19