OSHA Inspection: D & M CONTRACTORS, INC.

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $2,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134 (c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program.    a) The employer did not establish and implement a written respiratory protection program in accordance with 29 CFR 1910.134(c)(1) that would describe or include at least the following:    1)   Procedures for selecting respirators;  2)   Worksite specific procedures;  3)   Medical evaluations;  4)   Fit testing procedures;  5)   Procedures for proper use of respirators in routine and reasonably foreseeable emergency;  6)   Procedures and schedules for cleaning, storing, inspecting, repairing and discarding respirators;  7)   Employee training regarding respiratory hazards they are exposed to, proper use and limitations of respirators;  8)   Procedures for regularly evaluating the effectiveness of the respirator program.    The employer required the employees to wear 3M Model 8210 Plus two-strap filtering facepiece respirators to protect the employees from crystalline silica dust, while performing masonry restoration, grinding out mortar joints.      In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(d)(1)(iii):  The employer did not identify and evaluate the respiratory hazards in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazards and an identification of the contaminant's chemical state and physical form:    a) The employer did not evaluate the respiratory hazards associated with performing masonry restoration,  grinding out mortar joints, where the dust contains 40% crystalline silica quartz.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $2,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    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:    a) The employer required employees to wear 3M Model 8210 Plus two-strap filtering facepiece respirators while performing masonry restoration, grinding out mortar joints and did not provide a medical evaluation.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(f)(2):  The employer did not ensure that employees using a tight-fitting facepiece respirator were fit tested prior to the initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter:    a) The employer required the employees performing masonry restoration work to wear 3M Model 8210 Plus two-strap filtering facepiece respirators to protect the employees from crystalline silica dust and were not fit tested prior to initial use and annually there after.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation(using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $2,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(k)(1):  The employer did not provide respirator training that would ensure that each employee could demonstrate knowledge of items in section (i)-(vii):    a) The employer required employees to wear 3M Model 8210 Plus two-strap filtering facepiece respirators while performing masonry restoration, grinding out mortar joints and did not provide respirator training.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(g)(1)(i)(A):  The employer did not prohibit the use of respirators with tight-fitting facepieces to be worn by employees who had facial hair that came between the sealing surface of the facepiece and the face:    a) The employer required employees to wear 3M Model 8210 Plus two-strap filtering facepiece respirators while performing masonry restoration, grinding out mortar joints and did not prohibit employees that were not clean shaven from using the respirator.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $2,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    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:    a) The employer did not develop a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:    1) Requirement for labeling of containers of hazardous chemicals;  2) Material safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system and any precautionary measures to protect employees.    Employees were exposed to hazardous materials, such as, but not limited to: crystalline silica dust from grinding  out mortar joints.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Sep 12, 2012

Abate by

Oct 25, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(h)(1): The employer did not provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:    a) Employees were exposed to crystalline silica dust from grinding out of mortar joints and were not provided with information and training at the time of initial assignment.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).