OSHA Inspection: BUDGET MAINTENANCE CONCRETE SERVICES, INC.

Issued

Nov 15, 2012

Abate by

Dec 20, 2012

Penalty

Initial $4,500 · Current $3,150 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.)  JC Penney, Willow Grove Park Mall - An Employee, hand polisher, hand grinding concrete floors was exposed to 14.0 million particles of silica per cubic foot of air as an eight hour time weighted average (TWA) .  This level is  1.20 times the Permissible Exposure Limit (PEL) of 11.6 million particles per cubic foot.  This exposure was observed occurring over a 431 minute sampling period on July 30, 2012. A zero exposure was assumed for the 49 minutes not sampled.

Issued

Nov 15, 2012

Abate by

Dec 20, 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.)  JC Penney, Willow Grove Park Mall - An Employee, hand polisher, hand grinding concrete floors was exposed to 14.0 million particles of silica per cubic foot of air as an eight hour time weighted average (TWA) .  This level is  1.20 times the Permissible Exposure Limit (PEL) of 11.6 million particles per cubic foot.  This exposure was observed occurring over a 431 minute sampling period on July 30, 2012. A zero exposure was assumed for the 49 minutes not sampled.    Feasible engineering and administrative controls include but are not limited to:  1. Provide  high efficiency particulate air (hepa) filtered ventilation system to collect and remove the dusts generated by the grinding operation at the source of work.  2.  Provide for regular hepa vacuuming and wet mopping of the work area to control fugitive dusts.

Issued

Nov 15, 2012

Abate by

Dec 20, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.57(b): Local exhaust ventilation system(s) were not designed to prevent dispersion into the air of dusts, fumes, mists, vapors and gases in concentrations causing harmful exposure(s):  a.)  JC Penney, Willow Grove Park Mall - An Employee, hand polisher, hand grinding concrete floors was exposed to 14.0 million particles of silica per cubic foot of air as an eight hour time weighted average (TWA) .  This level is  1.20 times the Permissible Exposure Limit (PEL) of 11.6 million particles per cubic foot.  This exposure was observed occurring over a 431 minute sampling period on July 30, 2012. A zero exposure was assumed for the 49 minutes not sampled.  High Efficiency Particulate Air (HEPA) filters were not used on the ventilation system for the polishing tool causing small grinding waste to become airborne and the exhaust from ventilation system also dispersed dusts accumulated in the general area of the grinding operations.

Issued

Nov 15, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.25(a): During the course of construction, alteration, or repairs,  debris was not kept cleared from work areas, passageways, and stairs, in and around buildings or other structures:  a.)  JC Penney, Willow Grove Park Mall - On or about July 30, 2012, Piles of concrete dust containing crystalline silica were not cleaned up on a timely basis increasing the dust levels in the work area.  Exposure to dust containing crystilline silica can cause respiratory system damage.

Issued

Nov 15, 2012

Abate by

Dec 20, 2012

Penalty

Initial $4,500 · Current $3,150 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:   a.)  JC Penney, Willow Grove Park Mall - On or about July 30, 2012, The employers written respirator program to protect the health of the employees did not include workplace specific procedures and the following elements of a required written respirator program;  a. Procedures for selecting respirators;  b. Medical evaluations for users; c. Fit-testing procedures for tight fitting respirators; d. Procedures for proper use during routine and emergency situations;  e. Procedures for cleaning, storing, disinfecting, etc.; f. Training on respiratory hazards ; g. Training on proper use, donning and removing the respirator, etc.; h. Procedures for regularly evalulating the effectiveness of the program.

Issued

Nov 15, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness: (Construction Reference 1926.103)  a.)  JC Penney, Willow Grove Park Mall - On or about July 30, 2012, The employer did not designate a qualified person to oversee the respirator program for the floor grinding operations, where employees were both machine and hand grinding the concrete floors.  Employees were observed using respirators without medical clearence and without being fitted for the respirator.

Issued

Nov 15, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not ensure that each employee can demonstrate knowledge of items in (i)-(vii):  a.)  JC Penney, Willow Grove Park Mall - On or about July 30, 2012, The employer did not provide training which addressed items i through vii of the standard, to employees who were hired to perform hand grinding and operate planetary grinders on a concrete floor.  These items include, but are not limited to;  Why respirator is necessary (in this case silica exposure); Fittage; Usage; Limitiations of the respirator; How to inspect; negative and positive pressure fit tests; Maintenance and storage; Medical signs and symptoms of problems caused bywearing a respirator; the OSHA respiratory standard.

Issued

Nov 15, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(l)(1): Evaluations of the workplace were not conducted to ensure the written respiratory protection program was being effectively implemented:  (Construction Reference 1926.103)  a.)  JC Penney, Willow Grove Park Mall - On or about July 30, 2012, The employer did not evaluate the job site and review the respirator program to ensure its effectiveness and implementation for employees who were hand grinding or operating a planetary grinder on a concrete floor containing 50% silica.  Employees required to wear respirators had not received medical clearence or fitting of the respirator.

Issued

Nov 15, 2012

Penalty

Initial $4,500 · Current $3,150 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state and physical form:  a.)  JC Penney, Willow Grove Park Mall - An Employee, hand polisher, hand grinding concrete floors was exposed to 14.0 million particles of silica per cubic foot of air as an eight hour time weighted average (TWA) .  This level is  1.20 times the Permissible Exposure Limit (PEL) of 11.6 million particles per cubic foot.  This exposure was observed occurring over a 431 minute sampling period on July 30, 2012. A zero exposure was assumed for the 49 minutes not sampled.  Where employees were performing floor grinding using hand grinders, the employer did not evaluate the hazard to silica and require exposed employees wear appropriate respiratory protection.

Issued

Nov 15, 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 employees 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.)  JC Penney, Willow Grove Park Mall - An Employee, hand polisher, hand grinding concrete floors was exposed to 14.0 million particles of silica per cubic foot of air as an eight hour time weighted average (TWA) .  This level is  1.20 times the Permissible Exposure Limit (PEL) of 11.6 million particles per cubic foot.  This exposure was observed occurring over a 431 minute sampling period on July 30, 2012. A zero exposure was assumed for the 49 minutes not sampled.   Employees wearing respirators were not provided medical evaluations as required.                    Note:  The employer may discontinue an employees medical evaluations when the employee is no longer required to use a respirator.

Issued

Nov 15, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): (Construction Reference 1926.103)  a.)  JC Penney, Willow Grove Park Mall - An Employee, hand polisher, hand grinding concrete floors were exposed to 14.0 million particles of silica per cubic foot of air as an eight hour time weighted average (TWA) .  This level is  1.20 times the Permissible Exposure Limit (PEL) of 11.6 million particles per cubic foot.  This exposure was observed occurring over a 431 minute sampling period on July 30, 2012. A zero exposure was assumed for the 49 minutes not sampled.  The employer did not provide fit testing to employees  required to wear respirators.

Issued

Nov 15, 2012

Penalty

Initial $4,500 · Current $3,150 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1200(h)(1): Employers 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:  a.)  JC Penney, Willow Grove Park Mall - On or about July 30, 2012, The employer did not provide training on the hazards of silica for employees who were performing hand grinding or operating planetary floor grinders on concrete floors which contained 50% silica.

Issued

Nov 15, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.200(b)(1): Danger signs were not used where an immediate hazard exists.  a.)  JC Penney, Willow Grove Park Mall - On or about July 30, 2012, The employer did not post Danger signs where employees were performing floor grinding operations and over-exposures to silica were present.