| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2023-07-06
|
Related Activity
| Type |
Complaint |
| Activity Nr |
2047610 |
| Safety |
Yes |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C02 II |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-02-15 |
| Current Penalty |
2344.0 |
| Initial Penalty |
3349.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user: (Construction Reference 1926.103) a) On June 27, 2023, employees wore tight fitting elastomeric respirators, 3M half-face with N95 filters, provided by the employer while using a gas powered saw to cut through a concrete foundation wall which was approximately six inches thick. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-02-15 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| 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) On June 27, 2023, employees wore tight fitting elastomeric respirators, 3M half-face with N95 filters, provided by the employer while cutting through a concrete foundation wall which was approximately six inches thick. |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-02-15 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-01-10 |
| 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) a) On June 27, 2023, employees wore tight fitting elastomeric respirators, 3M half-face with N95 filters, provided by the employer, while cutting through a concrete foundation wall which was approximately six inches thick. Training was not provided to include all of the elements addressed in subparagraphs of (k)(1) of this standard. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-02-15 |
| Current Penalty |
3282.0 |
| Initial Penalty |
4688.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): (Construction Reference: 1926.59) a) On June 27, 2023, employees were exposed to chemicals including but not limited to silica, carbon monoxide, and gasoline while cutting into a concrete foundation wall which measured approximately 6 inches thick, with a gasoline powered Husqvarna concrete saw. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 G01 |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-02-15 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(g)(1): The employer did not have a safety data sheet for each hazardous chemical in use: (Construction Reference: 1926.59) a) On June 27, 2023, employees were exposed to chemicals including but not limited to silica, carbon monoxide, and gasoline while cutting into a concrete foundation wall which measured approximately 6 inches thick, with a gasoline powered Husqvarna concrete saw. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-02-15 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| 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: (Construction Reference: 1926.59) a) On June 27, 2023, employees were exposed to chemicals including but not limited to crystalline silica, carbon monoxide, and gasoline while cutting into a concrete foundation wall, which measured approximately 6 inches thick, with a gasoline powered Husqvarna concrete saw. |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19260020 B02 |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-02-15 |
| Current Penalty |
3282.0 |
| Initial Penalty |
4688.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.20(b)(2): The employer did not initiate and maintain programs which provided for frequent and regular inspections of the job site, materials and equipment to be made by a competent person(s) a) On June 27, 2023, two employees worked in a residential basement using a gasoline powered Husqvarna concrete saw to cut through a 6-inch-thick foundation wall and were exposed to carbon monoxide at an 8-hour TWA of 104.4 ppm and 118.6 ppm respectively, which was more than 2 times the permissible exposure limit of 50 ppm. The carbon monoxide levels were derived from blood carboxyhemoglobin levels. |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19260055 A02 |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-01-03 |
| Current Penalty |
4688.0 |
| Initial Penalty |
4688.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.55(a)(2): Employees were exposed to an airborne concentration of Carbon Monoxide in excess of the 8-hour Time Weighted Average (TWA) concentration of 50 parts per million (ppm). a) On June 27, 2023, two employees worked in a residential basement using a gasoline powered Husqvarna concrete saw to cut through a 6-inch-thick foundation wall and were exposed to carbon monoxide at an 8-hour TWA of 104.4 ppm and 118.6 ppm respectively, which was more than 2 times the permissible exposure limit of 50 ppm. The carbon monoxide levels were derived from blood carboxyhemoglobin levels. |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19260055 B |
| Issuance Date |
2023-12-06 |
| Abatement Due Date |
2024-01-03 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.55(b): Feasible administrative or engineering controls were not implemented to reduce employee exposure(s) to a substance(s) listed in Table 1 or 2 of �1926.55: a) On June 27, 2023, two employees worked in a residential basement using a gasoline powered Husqvarna concrete saw to cut through a 6-inch-thick foundation wall and were exposed to carbon monoxide at an 8-hour TWA of 104.4 ppm and 118.6 ppm respectively, which was more than 2 times the permissible exposure limit of 50 ppm. The carbon monoxide levels were derived from blood carboxyhemoglobin levels. |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19040039 A02 |
| Issuance Date |
2023-12-06 |
| Current Penalty |
1675.0 |
| Initial Penalty |
3349.0 |
| Final Order |
2024-01-10 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in the in-patient hospitalization of an employee. a) On June 27, 2023; an employee was hospitalized from carbon monoxide exposure. |
|
| Citation ID |
03001 |
| Citaton Type |
Other |
| Standard Cited |
19030019 C01 |
| Issuance Date |
2024-03-22 |
| Abatement Due Date |
2024-04-17 |
| Current Penalty |
388.0 |
| Initial Penalty |
388.0 |
| Final Order |
2024-04-16 |
| Nr Instances |
7 |
| Nr Exposed |
2 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1903.19(c)(1):The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated: (a) The Employer did not provided certification of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 1a. (b) The Employer did not provided certification of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 1b. (c) The Employer did not provided certification of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 1c. (d) The Employer did not provided certification of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 2a. (e) The Employer did not provided certification of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 2b. (f) The Employer did not provided certification of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 2c. (g) The Employer did not provided certification of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 3. |
|
| Citation ID |
03002 |
| Citaton Type |
Other |
| Standard Cited |
19030019 D01 |
| Issuance Date |
2024-03-22 |
| Abatement Due Date |
2024-04-17 |
| Current Penalty |
388.0 |
| Initial Penalty |
388.0 |
| Final Order |
2024-04-16 |
| Nr Instances |
4 |
| Nr Exposed |
2 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1903.19(d)(1): The employer did not submit to the Agency documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required. (a) The Employer did not provided supporting documentation as evidence of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 2a. (b) The Employer did not provided supporting documentation as evidence of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 2b. (c) The Employer did not provided supporting documentation as evidence of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 2c. (d) The Employer did not provided supporting documentation as evidence of corrective action for items within 10 days of the February 15, 2024 abatement date for Serious citation item 3. |
|
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