OSHA Inspection: BAILEY PHOENIX INC.

Issued

Oct 22, 2025

Abate by

Nov 20, 2025

Penalty

Initial $9,268 · Current $3,476 Reduced

Hazardous substances S103

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) Jobsite located at or near 1200 Normandy Place 4th Floor elevator shaft, Philadelphia, PA 19112- On or about April 28, 2025, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1. Employees engaged in masonry demolition activities were exposed to respirable crystalline silica dust.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) Jobsite located at or near 1200 Normandy Street Fourth floor elevator area, Philadelphia, PA 19112 - On or about April 28, 2025, the employer did not assess exposure to respirable crystalline silica for employees engaged in concrete demolition activities, which generated dust and exposed employees to respirable crystalline silica.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $9,268 · Current $3,476 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(e)(2): The employer required respirator use for protection against respirable crystalline silica; however, the employer did not institute a respiratory protection program in accordance with the Respiratory Protection standard, 29 CFR 1910.134, which covers each employee required to use a respirator:  a) Jobsite located at or near 1200 Normandy Street, Philadelphia, PA 19112 - On or about April 28, 2025, the employer did not develop and implement a written respiratory protection program for employees exposed to respirable crystalline silica and required to wear respirators such as, but not limited to N95 respirators while performing concrete sawing activities.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

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 worksite specific procedures was not established and implemented for required respirator use: (Construction Reference 1926.103)(a)   a) Jobsite located at or near 1200 Normandy Street Street, Philadelphia, PA 19112 - On or about April 28, 2025, the employer did not develop and implement a written respiratory protection program for employees exposed to respirable crystalline silica and required to wear respirators such as, but not limited to N 95 respirators while performing concrete sawing activities.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: (Construction Reference 1926.103)(a)  a) Jobsite located at or near 1200 Normandy Street, Philadelphia, PA 19112 - On or about April 28, 2025,  the employer did not provide a medical evaluation prior to requiring employees to use respirators such as but not limited to N 95 respirators while performing concrete sawing activities.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(f)(2): Employees using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator, and whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter: (Construction Reference 1926.103)(a)  a) Jobsite located at or near 1200 Normandy Street, Philadelphia, PA 19112 - On or about April 28, 2025,  the employer did not provide a fit test to all employees required to wear respirators, exposing them to respiratory hazards associated with respirable crystalline silica. The employer required employees to wear respirators such as, but not limited to N95 respirators while performing concrete sawing activities.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  (Construction Reference 1926.103)   a) Jobsite located at or near 1200 Normandy Street, Philadelphia, PA 19112 - On or about April 28, 2025, the employer did not ensure that employees required to use respirators such as, but not limited to N95 respirators received respirator training while performing concrete sawing activities.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $9,268 · Current $3,476 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) Jobsite located at or near 1200 Normandy Street, Philadelphia, PA 19112 - On or about April 28, 2025, the employer did not establish and implement a written exposure control plan, to include specific tasks and controls used to minimize employee exposure to respirable crystalline silica for employees engaged in concrete sawing activities.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $9,268 · Current $3,476 Reduced

Hazardous substances S103

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: (Construction Reference: 1926.59)  a) Jobsite located at or near 1200 Normandy  Street, Philadelphia, PA 19112 - On or about April 28, 2025,  the employer did not develop and implement a written Hazard Communication Program which described how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met. Employees performing concrete sawing activities were exposed to hazardous chemicals including but not limited to the following:  -Silica (Quartz), as contained in concrete masonry units.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(1):The employer did not include respirable crystalline silica in the program to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):  a) Jobsite located at or near 1200 Normandy Street, Philadelphia, PA 19112 - On or about April 28, 2025, the employer did not include respirable crystalline silica as part of a written Hazard Communication Program. Employees were exposed to respirable crystalline silica while performing concrete sawing activities, thereby exposing employees to respiratory hazards.

Issued

Oct 22, 2025

Abate by

Dec 12, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer did not ensure that employees covered by this section could demonstrate knowledge and understanding of at least the requirements outlined in 29 CFR 1926(i)(2)(i)(A) through (F) where there was exposure to respirable crystalline silica:  a) Jobsite located at 1200 Normandy Street, Philadelphia, PA: On or about April 28, 2025, the employer did not provide employees with information about the contents outlined in this section and training on the specific measures implemented to protect them from exposure to respirable crystalline silica, including engineering controls, work practices, and respiratory protection. Employees engaged in concrete sawing activities were exposed to respirable crystalline silica dust.