OSHA Inspection: MR. MUDD-CONCRETE CORP.

Issued

Feb 21, 2013

Abate by

Mar 19, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.134(c):     The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use, this provision is applicable to construction employment by 1926.103 (Construction Reference 1926.103):     a) Residential jobsite: On or about October 27, 2012 and at times prior thereto, employees were required to wear N-95 filtering face-pieces, when exposed to respirable crystalline silica from dry cutting concrete, without being in a respiratory protection program.     Note: Abatement certification is required for this item.

Issued

Feb 21, 2013

Abate by

Mar 19, 2013

Penalty

Initial $0 · Current $0

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 contaminant's chemical state and physical form: (Construction Reference 1926.103)    a) Residential jobsite: On or about October 27, 2012 and at times prior thereto, an employee was exposed to an eight-hour time weighted average (TWA) of crystalline silica quartz of 20.103 millions of particles per cubic foot of air (mppcf) of crystalline silica, which was over the calculated Permissible Exposure Limit (PEL) of 13.16 mppcf based on the samples silica content of 14%, while only wearing an N-95 filtering face-piece.         Note: Abatement certification is required for this item.

Issued

Feb 21, 2013

Abate by

Mar 19, 2013

Penalty

Initial $0 · Current $0

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) Residential jobsite: On or about October 27, 2012 and at times prior thereto, an employee was required to wear an N-95 filtering face-piece without having first been medically evaluated.       Note: Abatement certification is required for this item.

Issued

Feb 21, 2013

Abate by

Mar 19, 2013

Penalty

Initial $0 · Current $0

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) Residential jobsite: On or about October 27, 2012 and at times prior thereto, employees were required to wear N-95 filtering face-pieces, when exposed to respirable crystalline silica from dry cutting concrete, without having been fit tested for respirator wear.    Note: Abatement certification is required for this item.

Issued

Feb 21, 2013

Abate by

Mar 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k):     The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  (Construction Reference 1926.103)      a) Residential jobsite: On or about October 27, 2012 and at times prior thereto, employees were required to wear N-95 filtering face-pieces, when exposed to respirable crystalline silica from dry cutting concrete, without having been effectively trained on the hazards associated with crystalline silica and respirator use.    Note: Abatement certification is required for this item.

Issued

Feb 21, 2013

Abate by

Mar 19, 2013

Penalty

Initial $0 · Current $0

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) Residential jobsite: On or about October 27, 2012, and at times prior thereto, the eight-hour time weighted average (TWA) exposure to crystalline silica quartz for an employee dry cutting a concrete driveway, was determined to be 20.103 millions of particles per cubic foot of air (mppcf) which was over the calculated Permissible Exposure Limit (PEL) of 13.16 mppcf based on the samples silica content of 14%.       Note: Abatement certification is required for this item.

Issued

Feb 21, 2013

Abate by

Mar 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.55(b):     Feasible administrative or engineering controls were not implemented to reduce employee exposure(s):    a) Residential jobsite:  On or about October 27, 2012 and at times prior thereto the employer had not implemented any administrative or engineering controls to lower the employee's exposure to respirable silica dust produced from dry cutting concrete driveways. (Reference Citation 1 Item 1c)      Note: Abatement certification is required for this item.