OSHA Inspection: AMBURGEY EXCAVATING

Issued

2026-03-27 00:00:00

Abate by

2026-05-01 00:00:00

Penalty

Initial $2128.00 · Current $1200.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the requirements of 1910.1200(e)(1)(i) and (e)(1)(ii).  a) On or about February 17, 2026, the employer had not developed, implemented, or maintained a written hazard communication program for employees exposed to chemicals, such as but limited to respirable crystalline Silica (carcinogen).

Issued

2026-03-27 00:00:00

Abate by

2026-05-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S103

General-duty citation text

29 CFR  1910.1200(h)(1): Employers shall 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 chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  a) a) On or about February 17, 2026, the employer did not train employees on hazardous chemicals present in their work area, such as but not limited to respirable crystalline silica, a carcinogen, generated during concrete-cutting activities.

Issued

2026-03-27 00:00:00

Abate by

2026-05-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(2)(i): Employee information and training. The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following:  A) The health hazards associated with exposure to respirable crystalline silica; B) Specific tasks in the workplace that could result in exposure to respirable crystalline silica; C)Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; D) The contents of this section; E) The identity of the competent person designated by the employer in accordance with paragraph (g)(4) of this section  a) On or about February 17, 2026, the employer had not trained or provided employees with the information required by this section prior to allowing them to use the Honda concrete saw to cut the concrete roadway prior to conducting excavation work.

Issued

2026-03-27 00:00:00

Abate by

2026-05-01 00:00:00

Penalty

Initial $2128.00 · Current $0.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall 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) On or about February 17, 2026, at the jobsite located at 1213 East Main Street, Eaton, OH, the employer had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(xii) when using a Honda concrete saw to dry cut a public concrete roadway, in that a dust collector or wet cut method was not used, and employees were not using respiratory protection.

Issued

2026-03-27 00:00:00

Abate by

2026-05-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(e)(1)(ii): For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1: Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required: For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1.  a) On or about February 17, 2026, at the jobsite located at 1213 East Main Street, Eaton, OH, the employer did not ensure employees were utilizing respiratory protection and had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) when using a Honda concrete saw to cut a concrete roadway, in that an integrated water delivery system that continuously fed water to the blade was not used, and an employee was not using respiratory protection.

Issued

2026-03-27 00:00:00

Abate by

2026-05-01 00:00:00

Penalty

Initial $2128.00 · Current $0.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(d)(2)(i): General. The employer shall assess the exposure of each employee who is 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 or about February 17, 2026, at the jobsite located at 1213 East Main Street, Eaton OH, the employer did not evaluate employee exposure to respirable crystalline silica prior to dry cutting on the concrete roadway using a Honda concrete saw.