OSHA Inspection: UNITED CONCRETE & CONSTRUCTION, INC.

Issued

Feb 28, 2025

Abate by

Mar 28, 2025

Penalty

Initial $4,965 · Current $2,482 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.1200(e)(1):  Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met: (Construction Reference 1926.59)  From November 27, 2024 through December 3, 2024, at a worksite located at 1217 S. Kensington Drive in Appleton, WI; the employer did not develop or implement a written hazard communication program when employees were working with hazardous chemicals such as but not limited to gasoline and the byproducts of its combustion.  All provisions of 29 CFR 1910.1200(e) though (h) shall be contained in a written Hazard Communication program. Key elements include, but are not limited to the following:  1)  List of hazardous chemicals at worksite 2)  Access to complete collection of SDS at worksite 3)  Container labeling 4)  Employee information and training

Issued

Feb 28, 2025

Abate by

Mar 28, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.):  (Construction Reference 1926.59)  From November 27, 2024, through December 3, 2024, at a worksite located at 1217 S. Kensington Drive in Appleton, WI; the employer did not maintain required safety data sheets (SDS) at the worksite where employees could readily access them during each shift when employees were working with hazardous chemicals such as but not limited to gasoline and the byproducts of its combustion.

Issued

Feb 28, 2025

Abate by

Apr 30, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.1200(h)(1):  Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets: (Construction Reference 1926.59)  From November 27, 2024, through December 3, 2024, at a worksite located at 1217 S. Kensington Drive in Appleton, WI; the employer did not provide employees with effective information and training on hazardous chemicals in their work areas when employees were working with hazardous chemicals such as but not limited to gasoline and the byproducts of its combustion.

Issued

Feb 28, 2025

Abate by

Apr 30, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.1200(h)(2): Employees shall be informed of; i) the requirements of this section, ii) any operations in their work area where hazardous chemicals are present, and iii) the location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section: (Construction Reference 1926.59)  From November 27, 2024, through December 3, 2024, at a worksite located at 1217 S. Kensington Drive in Appleton, WI; the employer did not inform employees of the requirement of the hazard communication standard, operations in their work area where hazardous chemicals were present, and the employer did not have a written program or available safety data sheets (SDS) when employees were working with hazardous chemicals such as but not limited to gasoline and the byproducts of its combustion.

Issued

Feb 28, 2025

Abate by

Apr 30, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.1200(h)(3):  Employee training shall include at least the topics covered by subsections (h)(3)(i) through (h)(3)(iv) of this section: (Construction Reference 1926.59)  From November 27, 2024, through December 3, 2024, at a worksite located at 1217 S. Kensington Drive in Appleton, WI; the employer did not provide training to employees regarding: (i) how employees could detect hazardous chemicals in the work areas; (ii) the physical hazards, health hazards of the chemicals in their work areas; (iii) the measure employees could take to protect themselves from hazardous chemicals through procedures and/or personal protective equipment (PPE); and (iv) the details of the hazard commination program including descriptions of safety data sheets (SDS).  Employees worked with hazardous chemicals such as, but not limited to gasoline and the byproducts of its combustion.

Issued

Feb 28, 2025

Abate by

Apr 8, 2025

Penalty

Initial $4,965 · Current $2,482 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR  1926.55(a)(2):  An employee's exposure, as determined from breathing-zone air samples, to any substance in Table 1 or 2 of this section with a permissible exposure limit not preceded by (C) must not exceed the limit specified for that substance measured as an 8-hour time-weighted average in any work shift:   Employee exposure to Carbon Monoxide exceeded the Permissible Exposure Limit (PEL) of 50 parts per million (ppm) listed in Table Z-1 for instances such as, but not limited to:  On November 27, 2024, an employee conducting concrete finishing at a worksite located at 1217 S. Kensington Drive in Appleton, WI in the basement of new construction residential house was exposed to an 8-hour time weighted average (TWA) of 195 ppm for carbon monoxide, approximately 3.9 times the PEL of 50 ppm. The exposure level was derived from a carboxyhemoglobin blood sample collected after a 300-minute exposure period with zero exposure assumed for the unsampled period of 180 minutes.

Issued

Feb 28, 2025

Abate by

Apr 8, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 0560C730

General-duty citation text

29 CFR  1926.55(b):  To achieve compliance with paragraph (a) of this section, administrative or engineering controls must first be implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and technical measures used for this purpose must first be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with �1926.103:  At a workplace located at 1217 S. Kensington Drive in Appleton, WI; the employer did not implement administrative and engineering controls to achieve compliance with paragraph (a) of this section when a Concrete Finisher employee operating a gas powered trowel in the basement of a new construction residential house was exposed to carbon monoxide exceeding the 8-hour time weighted average (TWA) Permissible Exposure Limit (PEL) of 50 ppm.

Issued

Feb 28, 2025

Abate by

Apr 30, 2025

Penalty

Initial $3,547 · Current $1,774 Reduced

General-duty citation text

29 CFR  1926.1053(b)(1):  When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support:  From November 27, 2024, through December 3, 2024, at a worksite located at 1217 S. Kensington Drive in Appleton, WI; a portable ladder, used to access and egress the basement to the first floor of the new construction residential house, did not extend at least 3 feet above the upper landing surface of the first floor. The ladder was not secured at the upper level and did not sit level due to concrete accumulations on the feet of the ladder.

Issued

Feb 28, 2025

Penalty

Initial $3,547 · Current $1,774 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR  1904.39(a)(2):  Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA:  On or about December 2, 2024, at a worksite located at 1217 S. Kensington Drive in Appleton, WI; the employer failed to report a work-related hospitalization that occurred on November 27, 2024, to the Occupational Safety and Health Administration.