OSHA Inspection: TRITON CONSTRUCTION, INC.

Issued

Apr 8, 2025

Abate by

Apr 18, 2025

Penalty

Initial $16,550 · Current $15,000 Reduced

General-duty citation text

2Modify Penalty;  Change Classification to Other than Serious Modify Citation Language to read:  29 CFR 1926.20(b)(1): The employer did not initiate and maintain an safety and health program as may be necessary to comply with the General safety and health provisions covered in 29 CFR 1926.20.  a) Triton Construction: On or about February 10, 2025 and times prior, an adequate safety and health program had not been initiated and maintained which addressed the following basic elements and hazards associated with excavation work.     Management Leadership -  Management leadership means that business owners, managers, and supervisors:  - Make worker safety and health a core organizational value.  - Are fully committed to eliminating hazards, protecting workers, and continuously improving workplace safety and health.  - Provide sufficient resources to implement and maintain the safety and health program.  - Visibly demonstrate and communicate their safety and health commitment to workers and others.  - Set an example through their own actions.   Worker Participation -  All workers at a worksite should participate, including those employed by contractors, subcontractors, and temporary staffing agencies.  In an effective safety and health program, all workers:  - Are encouraged to participate in the program and feel comfortable providing input and reporting safety or health concerns.  - Have access to information they need to participate effectively in the program.  - Have opportunities to participate in all phases of program design and implementation.  - Do not experience retaliation when they raise safety and health concerns; report injuries, illnesses, and hazards; participate in the program; or exercise safety and health rights.   Hazard Identification and Assessment - To identify and assess hazards, employers and workers:  - Collect and review information about the hazards present or likely to be present in the workplace.  - Conduct initial and periodic workplace inspections of the workplace to identify new or recurring hazards.  - Investigate injuries, illnesses, incidents, and close calls/near misses to determine the underlying hazards, their causes, and safety and health program shortcomings.  - Group similar incidents and identify trends in injuries, illnesses, and hazards reported.  - Consider hazards associated with emergency or non-routine situations.  - Determine the severity and likelihood of incidents that could result for each hazard identified, and use this information to prioritize corrective actions.   Hazard Prevention and Control - To effectively control and prevent hazards, employers should:  - Involve workers, who often have the best understanding of the conditions that create hazards and insights into how they can be controlled.  - Identify and evaluate options for controlling hazards, using a "hierarchy of controls."  - Use a hazard control plan to guide the selection and implementation of controls, and implement controls according to the plan.  - Develop plans with measures to protect workers during emergencies and non-routine activities.  - Evaluate the effectiveness of existing controls to determine whether they continue to provide protection, or whether different controls may be more effective.  - Review new technologies for their potential to be more protective, more reliable, or less costly.   Education and Training - Education and training provides employers, managers, supervisors, and workers with:   - Knowledge and skills needed to do their work safely and avoid creating hazards that could place themselves or others at risk. - Awareness and understanding of workplace hazards and how to identify, report, and control them.  - Specialized training, when their work involves unique hazards.   Program Evaluation and Improvement - Program evaluation and improvement includes:  - Establishing, reporting, and tracking goals and targets that indicate whether the program is making progress.  - Evaluating the program initially and periodically thereafter to identify shortcomings and opportunities for improvement. - Providing ways for workers to participate in program evaluation and improvement.   Communication and Coordination for Host Employers, Contractors, and Staffing Agencies - Effective communication and coordination among such employers means that, before coming on site, contractors and staffing agencies and their workers are aware of:  - The types of hazards that may be present.  - The procedures or measures they need to use to avoid or control their exposure to these hazards.  - How to contact the host employer to report an injury, illness, or incident or if they have a safety concern.   It also means that host employers and their workers are aware of:  - The types of hazards that may arise from the work being done on site by workers employed by contractors or staffing agencies.  - The procedures or measures needed to avoid or control exposure to these hazards.  - How to contact the contract or staffing firm if they have a safety concern.  - What to do in case of an emergency.     Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 8, 2025

Abate by

Apr 18, 2025

Penalty

Initial $16,550 · Current $15,000 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 hazards or other exposure to illness or injury:  a) Triton Construction:  On or about February 10, 2025, the employer did not adequately have procedures to instruct employees on the hazards associated with excavations.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.