OSHA Inspection: PESKA CONSTRUCTION, INC.

Issued

Nov 20, 2024

Abate by

Dec 23, 2024

Penalty

Initial $8,067 · Current $4,800 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1):The employer did not establish and implement a written exposure control plan:  (a)Peska Construction, Inc. at Sioux Falls Hy-Vee #2, 4101 South Louise Avenue, Sioux Falls, SD 57106:  On or about and at times prior to August 19, 2024, the exposing employer did not establish and implement a written exposure control plan to cover employees performing work activities recognized to generate respirable crystalline silica. Employees who inhale respirable crystalline silica are at an increased risk of developing serious disease including but not limited to; silicosis, lung cancer, chronic obstructive pulmonary disease and kidney cancer.

Issued

Nov 20, 2024

Abate by

Dec 23, 2024

Penalty

Initial $6,453 · Current $4,800 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  (a)Peska Construction, Inc. at Sioux Falls Hy-Vee #2, 4101 South Louise Avenue, Sioux Falls, SD 57106:  On or about and at times prior to August 19, 2024, the exposing employer did not develop, implement and maintain a written hazard communication program covering employees that perform work with or in the vicinity of hazardous chemicals including but not limited to; respirable crystalline silica, form oil and petroleum fuel:  Abatement Note: Among other requirements a hazard communication program shall include the following:  -A list of hazardous chemicals known to be present in the workplace.  -Methods the employer will use to inform employees of the hazards of non-routine tasks. -Methods of labeling and other forms of warning.  -Safety Data Sheets.  -Employee information and Training.  Where occupational exposure to respirable crystalline silica is reasonably expected, it shall be included in the company's written hazard communication program.

Issued

Nov 20, 2024

Abate by

Dec 23, 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 areas:  (a)Peska Construction, Inc. at Sioux Falls Hy-Vee #2, 4101 South Louise Avenue, Sioux Falls, SD 57106:  On or about and at times prior to August 19, 2024, the exposing employer did not maintain safety data sheets for each hazardous chemicals and did not ensure that they were readily accessible during each work shift to employees when they were in their work areas including but not limited to; respirable crystalline silica, form oil and petroleum fuel. This condition exposed employees to chemical hazards.

Issued

Nov 20, 2024

Abate by

Dec 23, 2024

Penalty

Initial $110,618 · Current $75,400 Reduced

Hazardous substances 9000

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)Peska Construction, Inc. at Sioux Falls Hy-Vee #2, 4101 South Louise Avenue, Sioux Falls, SD 57106:  On or about and at times prior to August 19, 2024, the exposing employer did not ensure an employee operating a Stihl TS 420 cut-off machine to cut  concrete was protected from respirable crystalline silica by through the implementation of controls specified in Table 1 or by limiting employee exposure to respirable crystalline silica in accordance with paragraph (d) of this section. Employees who inhale respirable crystalline silica are at an increased risk of developing serious disease including but not limited to; silicosis, lung cancer, chronic obstructive pulmonary disease and kidney cancer.