Text For Citation: 01 Item/Group: 001 Hazard:

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 employees were not protected from the hazard of high heat while performing job duties: Location: 18 Community Place. Madison, New Jersey 07940 a) On or about and at times prior to July 8, 2024, employees were exposed to the hazard of high ambient heat from direct sunlight while performing continuous moderate work outdoors, such as, but not limited to, smoothing wet concrete being poured from cement trucks for the foundation of residential housing. While the wet concrete was being poured, employees used shovels to push the concrete from the chute of the concrete truck onto the ground. After the concrete is on the ground, employees used shovels and rakes to move or spread the concrete to make sure there are no voids or air pockets in the slabs that were poured. The employees work shift was 8 hours daily, from 7:00am to 3:30pm, with a 15-minute break at or around 10:30am, a 30- minute lunch break at noon, and an afternoon break at 2:00pm. The National Weather Service issued a heat advisory was issued for New Jersey from July 8 to July 9, 2024, stating heat indices were expected to reach 97 Degrees Fahrenheit. After the second concrete pour was completed on July 8, 2024, at approximately 11:00am, an employee experienced a fatal heat illness. At approximately 11:00am on July 8, 2024, the relative humidity was 55%, the Wet-bulb Globe Temperature (WBGT) was 77 degrees F, and the heat index was 95 degrees F. Employees were exposed to aggravating factors including an estimated moderate workload level. Such exposures are likely to lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat stress, heat exhaustion, and heat stroke. At approximately 11:00AM that day, after smoothing concrete from the second concrete pour, an employee collapsed and died. ABATEMENT CERTIFICATION AND/OR DOCUMENTATION IS REQUIRED PURSUANT TO 29 CFR 1903.19 FOR THIS VIOLATION.