OSHA Inspection: GIESE LANDSCAPING & SERVICES INC.

Issued

Oct 11, 2012

Abate by

Dec 10, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(c)(1):  A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: (Construction Reference 1926.103)    a)  On 07/24/2012, employer did not develop or implement a written respiratory protection program for a Laborer employee who was exposed to airborne respirable crystalline silica above the permissible exposure limit and who would be required to wear a respirator while cutting Terra-Lok pavers with an abrasive cut-off machine.    All provisions of 29 CFR 1910.134(c) through (m) must be covered in a respiratory protection program. Key elements include, but are not limited to the following:    1)  Selection of respirators  2)  Medical evaluations  3)  Fit testing  4)  Employee training in maintenance, use and care of respirators  5)  Recordkeeping    ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED.

Issued

Oct 11, 2012

Abate by

Dec 10, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

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 06/28/2012, the employer had not provided a medical evaluation to determine a Laborer employee's ability to use an N95 filtering facepiece (dust mask) respirator before the employee was required to wear the dust mask to protect him from exposure to airborne respirable crystalline silica above the permissible exposure limit.    Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.    ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED.

Issued

Oct 11, 2012

Abate by

Nov 1, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

Hazardous substances 9010

General-duty citation text

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:  (Construction Reference: 1926.59)    a)  On 07/24/2012, the employer did not develop or implement a written hazard communication program for a Laborer employee who worked with Terra-Lok pavers, which released respirable crystalline silica dust when cut by the Laborer employee on the abrasive cut-off machine.    All provisions of 29 CFR 1910.1200(e) through (h) must be covered in a hazard communication program. Key elements include, but are not limited to the following:    1)  Labeling  2)  Complete collection of MSDS  3)  List of all hazardous chemicals  4)  Employee information and training    ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED.

Issued

Oct 11, 2012

Abate by

Nov 1, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1200(g)(8):  The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace: (Construction Reference: 1926.59)    a)  On 07/24/2012, the employer did not maintain copies of material safety data sheets for Terra-Lok pavers, which released respirable crystalline silica dust when cut by the Laborer employee on the abrasive cut-off machine.    ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED.

Issued

Oct 11, 2012

Abate by

Nov 1, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1200(h)(1):  Employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees had not previously been trained about was introduced into their work area and chemical-specific information was not always available through labels and material safety data sheets:  (Construction Reference: 1926.59)    a)  On 07/24/2012, the employer did provide effective information and training on hazardous chemicals in the workplace for employees who worked with Terra-Lok pavers, which released respirable crystalline silica dust when cut by the Laborer employee on the abrasive cut-off machine.    ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED.

Issued

Oct 11, 2012

Abate by

Nov 1, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.55(a):  Employee(s) were exposed to material(s) at concentrations above those specified in the Threshold Limit Values of Airborne Contaminants for 1970 of the American Conference of Governmental Industrial Hygienists:    a)  On 07/24/2012, while operating a 14" abrasive Milwaukee cut-off machine to dry cut Terra-Lok pavers, a Laborer employee was exposed to airborne respirable dust containing 21.5% crystalline silica at levels of 0.866 mg/m3  as an 8-hour time-weighted average (TWA), approximately 2 times the permissible exposure limit (PEL) of 0.429 mg/m3.     ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED.

Issued

Oct 11, 2012

Abate by

Nov 1, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.55(b):  Feasible administrative or engineering controls were not implemented to reduce employee exposure(s):    a)  On 07/24/2012, feasible administrative or engineering controls were not determined and implemented in order to reduce a Laborer employee's exposures to concentrations of airborne respirable crystalline silica while cutting pavers with a Milwaukee cut-off saw, to limits prescribed in 29 CFR 1926.55 Appendix A.    Applicable administrative or engineering controls may include, but are not limited to the following:    1)  Use a cut-off machine that is able to wet cut pavers to eliminate the generation of airborne respirable silica dust at the point of operation for the cut-off machine.  2)  Install a manufacturer approved vacuum collection system on the existing cut-off machine to capture airborne respirable silica dust at the point of operation.    ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED.