OSHA Inspection: EDWARD JANUSZ

Issued

Apr 8, 2013

Abate by

May 23, 2013

Penalty

Initial $400 · Current $400

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA (the Agency), within 10 calendar days after the abatement date, that the cited violation had been abated:  a) Edward Janusz dba EJ General Construction, Inc. failed to submit abatement documentation to the Agency demonstrating that abatement was completed for the following violations issued under inspection 638118:  Citation Number                                     Item Number                                                     Abatement Date 01                                                         01a                                                                   12/28/2012 01                                                         01b                                                                   12/28/2012 01                                                         01c                                                                   12/28/2012 01                                                         01d                                                                   12/28/2012 01                                                         01e                                                                   12/28/2012 01                                                         02a                                                                   12/28/2012 01                                                         02b                                                                   12/28/2012 01                                                         02c                                                                   12/28/2012 01                                                         02d                                                                   12/28/2012  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 9010

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) Edward Janusz dba EJ General Construction Inc. - The employer did not establish and implement a written respiratory protection program. The employees were required to use a MSA Safeworks dual strap Respirator Model Number 827633 during tuckpointing operations.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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) Edward Janusz dba EJ General Construction Inc. - The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, for employees who were required to use a MSA Safeworks dual strap Respirator Model Number 827633 during grinding and tuckpointing operations.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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) Edward Janusz dba EJ General Construction Inc. - The employer did not ensure that employees using a tight fitting facepiece respirator were fit tested prior to the initial use of the respirators for employees who were required to use a MSA Safeworks dual strap Respirator Model Number 827633 during tuckpointing operations.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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): The employer did not provide respirator training that would ensure that each employee could demonstrate knowledge of items in section (i)-(vii).    a) Edward Janusz dba EJ General Construction Inc.- The employer did not ensure effective training, for employees who were required to use a MSA Safeworks dual strap Respirator Model Number 827633 during tuckpointing operations.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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) Edward Janusz dba EJ General Construction Inc. - The employer did not ensure that employees who were and required to use a MSA Safeworks dual strap Respirator Model Number 827633 during grinding and tuckpointing operations did not have facial hair that came between the sealing surfaces of the respirators.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 05779010

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) Edward Janusz dba EJ General Construction Inc. -  The employer did not implement at the workplace a written hazard communication program in accordance with 29 CFR 1910.1200 that describes at least the following:     1) Requirement for labeling of containers or hazardous chemicals:   2) Material safety data sheet(s) availability;   3) Training of employees;   4) A complete list of hazardous chemicals known to be in the workplace;   5) Methods to inform employees of the hazards of non-routine tasks; and,   6) Methods to inform other employer(s) of material safety data sheets availability; the labeling system and any precautionary measures to protect employees.     The employees who operated electric grinders during tuckpointing, grinding and mortar dry mixing   operations that use Brixment Masonry Cement Type N (contains silica and portland cement) and Western Miracle, Miracle Lime, Type S Masons Lime, Calcium Magnesium Hydroxide (contains silica and calcium hydroxide) were exposed to hazardous chemicals, including, but not limited to silica.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 05779010

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)(i):  The written hazard communication program did not include a list of the hazardous chemicals known to be present using an identity that was referenced on the appropriate material safety data sheet:     a) Edward Janusz dba EJ General Construction Inc.. - The employer did not ensure a list of the hazardous chemicals known to be present was prepared at the worksite, using the identity that is referenced on the appropriate material safety data sheet(s).  The list may be compiled for the workplace as a whole or for individual work areas.     The employees who operated electric grinders during tuckpointing, grinding and mortar dry mixing   operations that use Brixment Masonry Cement Type N (contains silica and portland cement) and Western Miracle, Miracle Lime, Type S Masons Lime, Calcium Magnesium Hydroxide (contains silica and calcium hydroxide) were exposed to hazardous chemicals, including, but not limited to silica.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 05779010

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(g)(1):  The employer did not have a material safety data sheet for each hazardous chemical which they used:     a) Edward Janusz dba EJ General Construction Inc. - The employer did not have a material safety data sheet for each hazardous chemical which they used:      The employees who operated electric grinders during tuckpointing, grinding and mortar dry mixing   operations that use Brixment Masonry Cement Type N (contains silica and portland cement) and Western Miracle, Miracle Lime, Type S Masons Lime, Calcium Magnesium Hydroxide (contains silica and calcium hydroxide) were exposed to hazardous chemicals, including, but not limited to silica.

Issued

Nov 8, 2012

Abate by

Dec 28, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 05779010

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)(2)(ii): The employer did not provide information to employees of any operations in their work area where hazardous chemicals are present.    a) Edward Janusz dba EJ General Construction Inc. - The employer did not provide information and training employees on the physical and health hazards of crystalline silica (quartz) during tuckpointing, grinding and mortar dry mixing   operations that use Brixment Masonry Cement Type N (contains silica and portland cement) and Western Miracle, Miracle Lime, Type S Masons Lime, Calcium Magnesium Hydroxide (contains silica and calcium hydroxide) were exposed to hazardous chemicals, including, but not limited to silica.