OSHA Inspection: FLECK'S LANDSCAPING, INC.

Issued

Jul 3, 2025

Penalty

Initial $10,427 · Current $10,427

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 tasks in Table 1, unless the employer assessed and limited the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) On April 22, 2025, Fleck's Landscaping, Inc., did not fully implement engineering controls and work practices, as specified in Table 1 of 1926.1153 when employees were using a handheld grinder to cut stone containing 40% crystalline silica.   No abatement certification or documentation is required for this item.

Issued

Jul 3, 2025

Penalty

Initial $0 · Current $0

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) On April 22, 2025, Fleck's Landscaping, Inc, did not assess the exposure of an employee using a handheld grinder to cut stone containing 40% crystalline silica.  No abatement certification or documentation is required for this item.

Issued

Jul 3, 2025

Abate by

Aug 6, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) On April 22, 2025, Fleck's Landscaping, Inc., did not establish and implement a written silica exposure control plan that complied with the requirements of 1926.1153(g)(1)(i) through (iv) when an employee was using a handheld grinder to cut stone containing 40% crystalline silica.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.