OSHA Inspection: J. GILL & CO.

Issued

May 8, 2013

Penalty

Initial $4,900 · Current $3,430 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH.    a.  On or about March 20, 2013, at the above addressed jobsite, employees jackhammering concrete decks were exposed to the respiratory hazards, in that the employer failed to evaluate the respiratory hazards(s) at the worksite.

Issued

May 8, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(e)(1): General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.    a. On or about March 20, 2013, at the above addressed jobsite, the employees conducting jackhammering operations were not provided with medical evaluations when required to wear tight fitting half mask respirators, thereby exposing employees to the hazards associated with respirator use.

Issued

May 8, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(f): Fit testing. This paragraph requires that, before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used. This paragraph specifies the kinds of fit tests allowed, the procedures for conducting them, and how the results of the fit tests must be used.    a.  On or about March 20, 2013, at the above addressed jobsite, employees were conducting jackhammering operations on the concrete deck. The employer did not provide employees with a quantitative or qualitative fit test, thereby exposing employees to respiratory hazards.

Issued

May 8, 2013

Abate by

Jun 25, 2013

Penalty

Initial $3,500 · Current $2,450 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1926.52(d)(1): In all cases where the sound levels exceed the values shown herein, a continuing, effective hearing conservation program shall be administered.    An effective hearing conservation program which included monitoring of employee noise exposure, baseline and annual audiometric testing of employees and record keeping was not instituted by J Gill and Company, when employees exposure to noise exceeded TABLE D-2 - PERMISSIBLE NOISE EXPOSURES.    a.  On or about March 22, 2013, at the above addressed jobsite, an employee was jackhammering concrete on the fourth floor of a parking garage.  The employee was exposed to continuous noise levels at 784% of the allowable 8-hour time weighted average sound level (90dBA).  The equivalent dBa level of 784% is approximately 104.9 dBA, thereby exposing the employee to hearing loss.      b.  On or about March 22, 2013, at the above addressed jobsite, an employee was jackhammering concrete on the fourth floor of a parking garage.  The employee was exposed to continuous noise levels at 948% of the allowable 8-hour time weighted average sound level (90dBA).  The equivalent dBa level of 948% is approximately 106.2 dBA, thereby exposing the employee to hearing loss.

Issued

May 8, 2013

Abate by

Jun 25, 2013

Penalty

Initial $2,100 · Current $1,470 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 Hygienist:    a.  On or about March 22, 2013, at the above addressed jobsite, an employee was overexposed to respirable silica while performing jackhammering operations.  The employee was exposed to respirable silica at an 8-hour time-weighted average level (TWA) of 57 million of particles per cubic foot (mppcf), approximately 2.2 times the permissible exposure limit (PEL) of 26 mppcf, thereby exposing the employee to respiratory hazards.   b. On or about March 22, 2013, at the above addressed jobsite, an employee was overexposed to respirable silica while performing jackhammering operations.  The employee was exposed to respirable silica at an 8-hour time-weighted average level (TWA) of 55 million of particles per cubic foot (mppcf), approximately 2.1 times the permissible exposure limit (PEL) of 26 mppcf, thereby exposing the employee to respiratory hazards.   c. On or about March 22, 2013, at the above addressed jobsite, an employee was overexposed to respirable silica while performing jackhammering operations.  The employee was exposed to respirable silica at an 8-hour time-weighted average level (TWA) of 48 million of particles per cubic foot (mppcf), approximately 1.9 times the permissible exposure limit (PEL) of 25 mppcf, thereby exposing the employee to respiratory hazards.

Issued

May 8, 2013

Abate by

Jun 25, 2013

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 or about March 22, 2013, at the above addressed jobsite, an employee was overexposed to respirable silica while performing jackhammering operations and feasible engineering controls were not implemented.  The employee was exposed to respirable silica at an 8-hour time-weighted average level (TWA) of 57 million of particles per cubic foot (mppcf), approximately 2.2 times the permissible exposure limit (PEL) of 26 mppcf, thereby exposing the employee to respiratory hazards.    b. On or about March 22, 2013, at the above addressed jobsite, an employee was overexposed to respirable silica while performing jackhammering operations and feasible engineering controls were not implemented.  The employee was exposed to respirable silica at an 8-hour time-weighted average level (TWA) of 55 million of particles per cubic foot (mppcf), approximately 2.1 times the permissible exposure limit (PEL) of 26 mppcf, thereby exposing the employee to respiratory hazards.    c. On or about March 22, 2013, at the above addressed jobsite, an employee was overexposed to respirable silica while performing jackhammering operations and feasible engineering controls were not implemented.  The employee was exposed to respirable silica at an 8-hour time-weighted average level (TWA) of 48 million of particles per cubic foot (mppcf), approximately 1.9 times the permissible exposure limit (PEL) of 25 mppcf, thereby exposing the employee to respiratory hazards.   Feasible engineering controls include, but are not limited to the following:    1.  General engineering methods of control applicable in these circumstances include, but are not limited to, the following:                a. Constant water misting at each location where jackhammering is taking place   b. Direct exhaust using a hood.  Such as negative air machines with hoods attached over or next to the jackhammering area to remove the contaminant from the air.        2.  Administrative controls applicable in these circumstances include, but are not limited to, the following:        a. Rotation of employees during jackhammering operations to reduce employee exposure to below the PEL.