OSHA Inspection: ORCHARD EARTH & PIPE CORP.

Issued

Dec 1, 2025

Abate by

Jun 30, 2026

Penalty

Initial $8,276 · Current $7,500 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employee(s) were exposed to struck by and crushing hazards from moving construction equipment used during paving operations:  (a) On or about 07/11/2025, at Glenn Crossing Plaza, 7365 Oswego Road, Liverpool NY 13090: A temporary laborer  was struck and killed when a SAKAI model SW504 vibratory tandem roller backed over him. An employee inexperienced with the hazards associated with paving operations was required to work near paving equipment moving in both forward and reverse directions without safety measures, including a spotter, in place to protect against a struck by hazard.  Among other feasible and acceptable means of abatement would be:

Issued

Dec 1, 2025

Abate by

Mar 30, 2026

Penalty

Initial $11,585 · Current $10,500 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 any hazards or other exposure to illness or injury:  (a) On or about 07/11/2025, at Glenn Crossing Plaza, 7365 Oswego Road, Liverpool NY 13090: The host employer did not ensure that each employee, including temporary laborers, was trained in the recognition and avoidance of unsafe conditions such as working near moving construction equipment used during paving operations. A temporary laborer that was not experienced with paving operations was tasked with walking shovels full of asphalt, in the same vicinity of moving construction equipment used during paving operations. The temporary laborer was not familiar with struck by hazards associated with blind spots, stopping distance, or making eye contact with equipment operators. The temporary laborer was struck and killed when the SAKAI model SW504 vibratory tandem roller backed over him.