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5,189,992Inspections Most recent open 2026-07-18 Last loaded 2026-07-22

OSHA Inspection: JOS. SCHMITT & SONS CONST. CO., INC.

Programmed Related inspection · Health discipline

On , OSHA opened a programmed Related health inspection of JOS. SCHMITT & SONS CONST. CO., INC. in 975 N PORT WASHINGTON RD, GRAFTON, WI 53024 (NAICS 236220). OSHA activity number 331098319.

What this inspection record means

OSHA opens inspections for many reasons — routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.

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Site address
975 N PORT WASHINGTON RD
City
GRAFTON
State
WI
ZIP
53024
Mailing
2104 UNION AVE PO BOX 1024, SHEBOYGAN, WI 53082
Inspection type
Programmed Related (J)
Scope
Partial (B)
Discipline
Health
Advance notice
No
Union status
A
Opened
Closing conference
Case closed
Last modified
Data loaded
NAICS code
236220
Employees
17
Ownership type
A

3 citations on file for this inspection.

1910.134 E01

Serious 1 instance 1 exposed
Issued
Jan 11, 2012
Abate by
Feb 24, 2012
Penalty
Initial $500 · Current $350 Reduced

Hazardous substances 9010

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 December 6, 2011, at the Aurora Grafton Cancer Center worksite, a worker performing saw cutting of brick was required to use a N95 disposable dust mask respirator, but no medical evaluation had been provided.
Recent events (2)
  • — I (S) $350
  • — Z (S) $500

1910.134 F02

Serious 1 instance 1 exposed
Issued
Jan 11, 2012
Abate by
Jan 12, 2012
Penalty
Initial $0 · Current $0

Hazardous substances 9010

29 CFR 1910.134(f)(2):     Employee(s) using a tight-fitting facepiece respirator were not annually fit tested: (Construction Reference 1926.103)    (a) On December 6, 2011, a worker was required to use a N95 disposable respirator while cutting brick outside to protect against potential exposure to crystalline silica.  However, a respirator fit test had not been provided since October 27, 2010.
Recent events (2)
  • — I (S) $0
  • — Z (S) $0

1910.134 C01 II

Other-than-serious 1 instance 1 exposed
Issued
Jan 11, 2012
Abate by
Feb 2, 2012
Penalty
Initial $0 · Current $0
29 CFR 1910.134(c)(1)(ii):     The written program did not contain provisions for medical evaluations of employees required to use respirators:    (a) The employer's Respiratory Protection Program did not contain adequate provisions for medical evaluations for workers required to use respirators.  Although the written program included a section entitled "Medical Aspects of Respiratory Equipment Usage", and the employer correctly stated in that section that "employee has the right to refuse...medical examination", that section included also the following incorrect statement: "An employee who waives the exam must wear a respiratory if the job requires its use."  This statement was incorrect because it would allow for a violative condition in which a worker would be assigned to a task requiring use of a respirator without provision of a medical evaluation.
Recent events (2)
  • — I (O) $0
  • — Z (O) $0

View JOS. Schmitt & Sons Const. CO., INC.'s full OSHA safety record →

This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 331098319.

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