| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Safety
|
| Close Conference |
2023-12-22
|
| Emphasis |
N: RCS-NEP, N: TRENCH
|
Related Activity
| Type |
Complaint |
| Activity Nr |
2114522 |
| Safety |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
4610.0 |
| Initial Penalty |
4610.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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) Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, the employer did not develop a written respiratory protection program for an employee who was required to wear an N95 respirator while engaged in operating a walk behind concrete saw to cut street pavement and sidewalk concrete. b) On or about December 22, 2023, the employer did not develop a written respiratory protection program for an employee who was required to wear an elastomeric respirator while operating a walk behind concrete saw to cut street pavement and sidewalk concrete. Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19 |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-03 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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) Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, the employer did not provide a medical evaluation for an employee who was required to wear an N95 respirator while operating a walk behind concrete saw. b) On or about December 22, 2023, the employer did not provide a medical evaluation for an employee who was required to wear an elastomeric respirator while operating a walk behind concrete saw. Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19 |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F01 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): (Construction Reference 1926.103) Location: 127 Bethune Ave, Spring Valley, NY a) On or about December 22, 2023, the employer did not ensure an employee required to wear an N95 respirator while operating a walk behind concrete saw had been appropriately fit tested. b) On or about December 22, 2023, the employer did not ensure an employee required to wear an elastomeric full-face respirator while operating a walk behind concrete saw had been appropriately fit tested. Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19 |
|
| Citation ID |
01001D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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) Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, the employer did not provide comprehensive, understandable training to an employee who was required to wear an N95 respirator while operating a walk behind concrete saw to cut pavement and concrete. b) On or about December 22, 2023, the employer did not provide comprehensive, understandable training to an employee who was required to wear an elastomeric respirator while operating a walk behind concrete saw to cut pavement and concrete. Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19 |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
2765.0 |
| Initial Penalty |
2765.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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: Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, two (2) employees were operating a walk behind concrete saw to cut street pavement and sidewalk concrete. The employer does not have a written hazard communication program. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 G08 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, two (2) employees were operating a walk behind concrete saw to cut street pavement and sidewalk concrete. The employer did not maintain safety data sheets at the job site. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1):Employees were not provided 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: Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, two (2) employees were operating a walk behind concrete saw to cut street pavement and sidewalk concrete. The employer did not provide hazard communication training to the employees. |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19260651 H01 |
| Issuance Date |
2024-06-21 |
| Current Penalty |
6452.0 |
| Initial Penalty |
6452.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Imminent Danger |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.651(h)(1): Employees were working in excavations in which there was accumulated water, or excavations in which water was accumulating, and adequate precautions had not been taken to protect employees against the hazards posed by water accumulation. Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, employees working in an approximately 8' trench with Type B soil. The employer did not take adequate precautions to protect employees against the hazards posed by water accumulation. Note: Because abatement of this violation is already documented in the casefile, the employer need not submit certification nor documentation of abatement of this violation as normally required by 29 CFR 1903.19. |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19261153 C01 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-03 |
| Current Penalty |
4610.0 |
| Initial Penalty |
4610.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, for an employee engaged in a task identified in Table 1, the employer did not fully and properly implement engineering controls, work practices, and respiratory protection specified for the task on Table 1. Two (2) employees were exposed to crystalline silica while operating a walk-behind concrete saw to cut street pavement and sidewalk concrete without an integrated water delivery system. Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19 |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19261153 D02 I |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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: Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, 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 while using a walk-behind saw to cut street pavement and sidewalk concrete 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. |
|
| Citation ID |
01004C |
| Citaton Type |
Serious |
| Standard Cited |
19261153 G01 |
| Issuance Date |
2024-06-21 |
| Abatement Due Date |
2024-07-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan: Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, the employer 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 two (2) employees were using a walk-behind saw to cut street pavement and sidewalk concrete exposing them to respirable crystalline silica. Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19 |
|
| Citation ID |
02001 |
| Citaton Type |
Willful |
| Standard Cited |
19260652 A01 |
| Issuance Date |
2024-06-21 |
| Current Penalty |
64529.0 |
| Initial Penalty |
64529.0 |
| Final Order |
2024-09-17 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Imminent Danger |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c). Location: 127 Bethune Blvd, Spring Valley, NY a) On or about December 22, 2023, Employees #1 and #2 were exposed to trench wall collapse due to lack of a protective system. Employees were working in a trench that was approximately 8' deep with almost vertical walls composed of Type B soil. Note: Because abatement of this violation is already documented in the casefile, the employer need not submit certification nor documentation of abatement of this violation as normally required by 29 CFR 1903.19. Scaffidi's Paving And Excavating, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard (name previously cited standard), which was contained in OSHA inspection number 1692791, citation number 1, item number 1 and was affirmed as a final order on November 01, 2023, with respect to a workplace located at 81 Remsen Ave, Monsey, NY 10952. |
|
|
| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Safety
|
| Close Conference |
2023-08-23
|
| Emphasis |
N: TRENCH
|
Related Activity
| Type |
Referral |
| Activity Nr |
2071855 |
| Safety |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19260502 I03 |
| Issuance Date |
2023-10-12 |
| Abatement Due Date |
2023-10-31 |
| Current Penalty |
4333.0 |
| Initial Penalty |
6250.0 |
| Final Order |
2023-11-01 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.502(i)(3): All covers were not secured when installed so as to prevent accidental displacement by the wind, equipment, or employees: On or about August 22nd, 2023 Location: 81 Remsen Ave, Monsey, NY 10952 a)Employees were exposed to fall in a 3 ft diameter water collection pit with an approx. depth of 15 ft. Collection pit was covered with an unsecured broken wood pallet. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19260502 I04 |
| Issuance Date |
2023-10-12 |
| Abatement Due Date |
2023-10-31 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2023-11-01 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.502(i)(4):All covers were not color coded or marked with the word "HOLE" or "COVER" to provide warning of the hazard: On or about August 22nd, 2023 Location: 81 Remsen Ave, Monsey, NY 10952 a) Cover for a 3 ft diameter water collection pit was not marked with the word hole or cover. Cover was a broken wood pallet. |
|
| Citation ID |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19260652 A01 |
| Issuance Date |
2023-10-12 |
| Abatement Due Date |
2023-10-31 |
| Current Penalty |
4333.0 |
| Initial Penalty |
6250.0 |
| Final Order |
2023-11-01 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c). On or about August 22nd, 2023 Location: 81 Remsen Ave, Monsey, NY 10952 a) Employees were exposed to trench wall collapse due to lack of proper shoring. Employee carried out work inside a trench that was approx. 7ft-deep dug with almost vertical walls composed of class B soil. |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19261053 B01 |
| Issuance Date |
2023-10-12 |
| Current Penalty |
4334.0 |
| Initial Penalty |
6250.0 |
| Final Order |
2023-11-01 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1053(b)(1):Portable ladders were used for access to an upper landing surface and the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface to which the ladder was used to gain access: On or about August 22nd, 2023 Location: 81 Remsen Ave, Monsey, NY 10952 a) Employees used a ladder to access the trench that did not extend 3 ft above the upper landing. |
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