OSHA Inspection: J. V. BAILEY CO. INC.

Issued

Dec 11, 2025

Abate by

May 29, 2026

Penalty

Initial $3,972 · Current $2,300 Reduced

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)J. V. Bailey Co. Inc. at the Interstate 90 - Mile Post 1.71, Spearfish, SD 57783: On or about and at times prior to July 7, 2025, the employer did not  implement engineering controls, work practices, and respiratory protection while employees were conducting concrete surface repair and jackhammering.  This condition exposed employees to airborne concrete silica and respiratory hazards.    (b)J. V. Bailey Co. Inc. at the Interstate 90 - Mile Post 1.71, Spearfish, SD 57783: On or about and at times prior to July 7, 2025, the employer did not implement engineering controls, work practices, and respiratory protection while employees were conducting concrete surface repair and sandblasting.  This condition exposed employees to airborne concrete silica and respiratory hazards

Issued

Dec 11, 2025

Abate by

May 29, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written silica exposure control plan:  (a)J. V. Bailey Co. Inc. at Interstate 90 - Mile Post 1.71, Spearfish, SD 57783: On or about and at times prior to July 8, 2025, the employer did not establish and implement a written silica exposure control plan for employees engaged in concrete cutting / repair 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

Dec 11, 2025

Abate by

May 29, 2026

Penalty

Initial $3,972 · Current $2,300 Reduced

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)J. V. Bailey Co. Inc. at Interstate 90 - Mile Post 1.71, Spearfish, SD 57783: On or about and at times prior to July 8, 2025, the employer did not develop and institute a respiratory protection program where employees are exposed to crystalline silica when conducting jackhammering and sandblasting operations on concrete bridge expansion joint repairs.  This condition exposed employees to potential respiratory hazards such as cancer and other lung diseases.

Issued

Dec 11, 2025

Abate by

May 29, 2026

Penalty

Initial $3,972 · Current $2,300 Reduced

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)J. V. Bailey Co. Inc. at Interstate 90 - Mile Post 1.71, Spearfish, SD 57783: On or about and at times prior to July 8, 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 Black Magic Coal Slag, EP50 Overlay Epoxy Part A and B - Cat 2, or 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  Black Magic Coal Slag, EP50 Overlay Epoxy Part A and B - Cat 2 and respirable silica.

Issued

Dec 11, 2025

Abate by

May 29, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1):The employer did not provide effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  (a)J. V. Bailey Co. Inc. at the Interstate 90 - Mile Post 1.71, Spearfish, SD 57783: On or about and at times prior to July 8, 2025, the employer did not ensure that all employees performing work with or in the vicinity of hazardous chemicals were provided training on hazardous chemicals at the time of their initial assignment. This condition exposed employees to chemical hazards.  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

Dec 11, 2025

Abate by

May 29, 2026

Penalty

Initial $0 · Current $0

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)J. V. Bailey Co. Inc. at Interstate 90 - Mile Post 1.71, Spearfish, SD 57783: On or about and at times prior to July 8, 2025, the employer did not ensure that employees were trained on the hazards associated with respirable crystalline silica prior to conducting concrete cutting / jackhammering / blasting activities. This condition exposed employees to respirable silica and related health hazards.