OSHA Inspection: KLEMPCO LLC

Issued

2012-09-24 00:00:00

Abate by

2012-12-31 00:00:00

Penalty

Initial $2800.00 · Current $1400.00 Reduced

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)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On July 31, 2012, the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 11.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 170.1 millions of particles per cubic foot as an 8-hour TWA.  This is 14.3 times the PEL.      (b)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On July 31, 2012, the drill hand assisting the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 16.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 36.1 millions of particles per cubic foot as an 8-hour TWA.  This is 2.1 times the PEL.

Issued

2012-09-24 00:00:00

Abate by

2012-12-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.55(b): Feasible administrative or engineering controls were not implemented to reduce employee exposure(s):    (a)  Klempco LLC at CR 314, Idaho Springs, CO 80452: Feasible administrative or engineering controls were not implemented to reduce employee exposures.  On July 31, 2012, the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 11.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 170.1 millions of particles per cubic foot as an 8-hour TWA.  This is 14.3 times the PEL.      (b)  Klempco LLC at CR 314, Idaho Springs, CO 80452: Feasible administrative or engineering controls were not implemented to reduce employee exposures.  On July 31, 2012, the drill hand assisting the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 16.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 36.1 millions of particles per cubic foot as an 8-hour TWA.  This is 2.1 times the PEL.      Abatement note: Feasible engineering controls include, but are not limited to:    1.	Use wet drilling techniques  2.	Install a dust collection system mounted on the drill    See the below NIOSH publication for reference.  www.cdc.gov/niosh/mining/pubs/pdfs/2012-112.pdf    Abatement note: Abatement of this item will normally be multi-step as follows:    STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.    STEP 1 ABATEMENT DATE (10 DAYS):    STEP 2: Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:  a.	Evaluation of the extent and location of the hazard source  b.	Evaluation of control measure options  c.	Selection of optimum control measures  d.	Determination of control measure design  e.	Ordering and delivery of equipment  f.	Installation of control measures  g.	Training of employees in proper operation and maintenance of newly implemented control measures  h.	Assurance of the effective performance of control measures    All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.    STEP 2 ABATEMENT DATE (20 DAYS):    STEP 3: Abatement will be completed by the implementation of feasible engineering and/or controls and upon verification of their effectiveness in achieving compliance.    STEP 3 ABATEMENT DATE (45 DAYS):

Issued

2012-09-24 00:00:00

Penalty

Initial $2800.00 · Current $1400.00 Reduced

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)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, the employer did not evaluate the respiratory hazard of respirable crystalline silica during the rock drilling operation.  On 7/31/12, the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 11.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 170.1 millions of particles per cubic foot as an 8-hour TWA.  This is 14.3 times the PEL.      (b)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, the employer did not evaluate the respiratory hazard of respirable crystalline silica during the rock drilling operation.  On 7/31/12, the drill hand assisting the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 16.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 36.1 millions of particles per cubic foot as an 8-hour TWA.  This is 2.1 times the PEL.      The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.

Issued

2012-09-24 00:00:00

Abate by

2012-10-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:     (a)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, the employer did not select an appropriate respirator based on the respiratory hazard to which the worker was exposed and user factors that affect respirator performance and reliability.  The employer provided and required the use of 3M model 8000 N95 filtering facepiece respirators.  On 7/31/12, the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 11.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 170.1 millions of particles per cubic foot as an 8-hour TWA.  This is 14.3 times the PEL.  The exposure exceeds the protection factor of 10 provided by the 3M N95 respirator.                                                                                                    The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.

Issued

2012-09-24 00:00:00

Abate by

2012-10-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section, was not established and implemented where respirator(s) were necessary to protect the health of the employee or whenever respirator(s) were required by the employer:                                  (a)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, the employer did not ensure a written respiratory protection program was established and implemented in the workplace when the use of respirators was required.  The employer provided and required the use of 3M model 8000 N95 filtering facepiece respirators.  On 7/31/12, the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 11.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 170.1 millions of particles per cubic foot as an 8-hour TWA.  This is 14.3 times the PEL.      (b)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, the employer did not ensure a written respiratory protection program was established and implemented in the workplace when the use of respirators was required.  The employer provided and required the use of 3M model 8000 N95 filtering facepiece respirators.  On 7/31/12, the drill hand assisting the operator drilling ground anchors was exposed to respirable crystalline silica at a concentration greater than the 8-hour TWA Permissible Exposure Limit (PEL) of 16.9 millions of particles per cubic foot.  The employee was exposed to respirable silica at a concentration of 36.1 millions of particles per cubic foot as an 8-hour TWA.  This is 2.1 times the PEL.                                                                                                  Abatement note: The written program shall include at least the following:                                                                                                                        (1)  Procedures for selecting respirators for use in the workplace;                                                                                                                         (2)  Medical evaluations of employees required to use respirators;                                                                                                                          (3)  Fit testing procedures for tight-fitting respirators;                                                                                                                                  (4)  Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;                                                                                                                                                                                                                    (5)  Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;                                                                                                                          (6)  Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;                                                                                                                                                  (7)  Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;                                                                                                                                       (8)  Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and                                                                                                                 (9)  Procedures for regularly evaluating the effectiveness of the program.                                                                                                             The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.

Issued

2012-09-24 00:00:00

Abate by

2012-10-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:    (a)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, 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.  The employer provided and required the use of 3M model 8000 N95 filtering facepiece respirators.  This condition may exacerbate underlying medical conditions due to the additional physical challenges of respirator use.                                                                                                The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.

Issued

2012-09-24 00:00:00

Abate by

2012-10-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that employees using a tight-fitting facepiece respirator were fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, or at least annually thereafter:    (a)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, the employer did not ensure that employees required to use a tight-fitting facepiece respirator were fit tested prior to initial use of the respirator.  The employer provided and required the use of 3M model 8000 N95 filtering facepiece respirators.  This condition exposes employees to a respiratory hazard due to improper fit of the respirator.                                                                                                  The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.

Issued

2012-09-24 00:00:00

Abate by

2012-10-31 00:00:00

Penalty

Initial $1200.00 · Current $600.00 Reduced

General-duty citation text

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:    (a)  Klempco LLC at CR 314, Idaho Springs, CO 80452: On and before 7/31/12, the employer did not provide effective information and training to employees regarding the health hazards associated with crystalline silica.  Employees were drilling ground anchors and exposed to respirable crystalline silica.    Abatement note: Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals.  Chemical specific information must always be available through labels and material safety data sheets.                                                                                                The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.