UNITED STATES
DEPARTMENT OF LABOR

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

29 CFR 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 contracting the virus, SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the cause of the COVID-19 disease. a) Buckman's, Inc. - Located at 105 Airport Road, Pottstown, PA 19464: On or about April 19, 2021, and continuing thereafter, the employer did not develop and implement timely and effective measures to mitigate the spread of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19). Employees working in the Pouch Room and DE Line worked in close proximity to each other and were not required to wear face coverings. The employer did not use social distancing or physical barriers in the production areas or breakrooms. The employer did not screen employees before entering the facility and did not implement a procedure for disinfecting the production area. An outbreak occurred between April 19 and April 25, 2021 where 15 of the workers in these areas tested positive for the virus. Workers subsequently infected their families and friends, many of whom became seriously ill. After the outbreak, the employer still failed to implement any measures to protect workers from the virus. Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.