OSHA Inspection: FLATLAND CONCRETE, INC.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $4,965 · Current $3,400 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with work-site specific procedures was not established and implemented for required respirator use:  (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not develop and implement a written respiratory protection program with worksite specific procedures, as specified in subparagraph (c)(1)(i) through (ix) of this section. The program was not established and implemented whenever respirators were required by the employer in that, the employer required the use of a half-face, negative pressure, air-purifying respirator when employees used a walk-behind concrete saw within an enclosure without the use of respiratory protection as required by  29 CFR 1926.1153(c)(1). This hazard exposed the employee to the lack of knowledge of proper respirator use.  Abatement Note:  The requirements applicable to construction work under 29 CFR 1926.103 are identical to those set forth at 29 CFR 1910.134 of this chapter.  Abatement Note:  The employer shall include in the program the following provisions of this section, as applicable:  (1)	Procedures for selecting respirators for use in the workplace;  (2)	Medical evaluations of employees required to use respirators;  (3)	Fit testing procedures for tight-fitting respirators;  (4)	Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;  (5)	Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;  (6)	Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;  (7)	Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;  (8)	Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and  (9)	Procedures for regularly evaluating the effectiveness of the program.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $0 · Current $0

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)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not fully implement the required controls as outlined in Table 1, section (iv), in that employees using a walk-behind Diamond Products / Core Cut CC 1800XL concrete saw in an enclosure area did not wear the required respirator protection for indoor/enclosed use of the saw.   This condition exposed an employee to the hazards of respirable crystalline silica and serious silica-related diseases, including:  (1) Silicosis, an incurable lung disease that can lead to disability and death. (2) Lung cancer. (3) Chronic obstructive pulmonary disease (COPD); and  (4) Kidney disease.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not assess employee's exposure to respirable crystalline silica dust while operating a Diamond Products / Core Cut CC 1800XL Concrete saw in an enclosed area. This condition exposed employees to respirable crystalline silica health hazards and illnesses such as:   (1) Silicosis-an incurable lung disease that can lead to disability and death. (2) Lung cancer.  (3) Chronic obstructive pulmonary disease (COPD); and  (4) Kidney disease.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not develop and implement a respiratory protection program for employees engaged in a Table 1 task that required the use of a respirator.  This condition exposed employees to respiratory injury and illnesses.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $4,965 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written silica exposure control plan:  (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not establish and implement a written silica exposure control plan for an employee engaged in concrete cutting operations. This condition exposes employees to respiratory hazards to include, but not limited to, silicosis.  Abatement Note: A written exposure control plan contains at least the following elements:  (i) Description of the tasks in the workplace that involve exposure to respirable crystalline silica;  (ii) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task;  (ii) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and  (iv) A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $4,965 · Current $3,400 Reduced

Hazardous substances 0560

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: (Construction Reference 29 CFR 1926.103)(a):   (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not identify and evaluate exposures to carbon monoxide while an employee used a gasoline-powered Diamond Products / Core Cut CC 1800XL walk behind saw in an enclosed area.  This condition exposed an employee to an acute respiratory hazard.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $4,965 · Current $3,400 Reduced

Hazardous substances 05609000

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and maintain a written hazard communication program which at least described how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met, and which also included a hazardous chemicals list and methods used to inform employees of the hazards of non-routine tasks:   (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not develop or implement a written hazard communication program for employees exposed to hazardous chemicals such as but not limited to carbon monoxide and respirable silica.  Abatement Note:  The requirements applicable to construction work under 29 CFR 1926.59 are identical to those set forth at 29 CFR 1910.1200 of this chapter.  Abatement Note:  The written hazard communication program will also include:   (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,  (2) Employee information and training to include the methods the employer will use to inform employees of the hazards of non-routine tasks.  (3) 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; (4) Developed for employee exposures to hazardous chemicals such as but not limited to the following chemicals carbon monoxide and respirable silica.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 0560

General-duty citation text

29 CFR 1910.1200(h)(1): The employer did not 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 physical or health hazard the employees have not previously been trained about is introduced into their work area:  (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not 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 physical or health hazard the employees have not previously been trained about is introduced into their work area such as but not limited to the carbon monoxide:  Abatement Note:  (a)	Employees shall be informed of:         (1)	Any operation in their work area where hazardous chemicals are present; and,         (2)	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.  (b)	Employee training shall include at least:         (1)	Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);         (2)	The physical and health hazards of the chemicals in the work area;         (3)	The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;        (4)	The details of the hazardous communication program developed by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information.

Issued

Sep 3, 2025

Abate by

Dec 31, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(2)(i)(A): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica:   (a)Flatland Concrete, Inc. at 20157 411th Avenue, Yale, SD, 57386: On or about and at times prior to March 11, 2025, the employer did not ensure that employees were trained on the hazards associated with respirable crystalline silica prior to conducting concrete cutting activities. This condition exposed employees to respirable silica and related health hazards.