OSHA Inspection: KENNY'S CONCRETE, INC.

Issued

2013-08-13 00:00:00

Abate by

2013-09-27 00:00:00

Penalty

Initial $2400.00 · Current $2000.00 Reduced

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:      (a)        Kennys Concrete, Inc. DBA Concrete Floor Service, 200 University Blvd., Denver, CO 80206:  On and before May 28, 2013, when sound levels exceeded the values shown in Table D-2 of this section, the employer did not administer a continuing, effective hearing conservation program.  Two employees were exposed to Time Weighted Averages (TWA) sound level of 93.3 dBA and 95.4 dBA, were not included in a continuing, effective hearing conservation program.  This condition exposed the employees to work-related hearing loss.      Abatement Note: The Occupational Safety and Health Administration (OSHA) has determined that an effective hearing conservation program consists of the following elements:       (1) Monitoring of employee noise exposures;    (2) The institution of engineering, work practice, and administrative controls for excessive noise;  (3) The provision for each overexposed employee to have individually fitted hearing protection with an adequate noise reduction rating;   (4) Employee training and education regarding noise hazards and protection measures;  (5) Baseline and annual audiometry;   (6) Procedures for preventing further occupational hearing loss by an employee whenever such an event has been identified; and  (7) Recordkeeping.      Abatement Note:  Abatement certification is required for this item (See enclosed "Certification of Corrective Action Worksheet").

Issued

2013-08-13 00:00:00

Abate by

2013-11-14 00:00:00

Penalty

Initial $2800.00 · Current $2000.00 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)   Kenny's Concrete, Inc. DBA Concrete Floor Service, 1888 Sherman St., Denver, CO 80203: On March 22, 2013, an employee was exposed to carbon monoxide at a concentration greater than the eight hour Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 50 ppm. The employee was working in a parking garage with two gas powered generators  and a gas powered shot blaster present in the area. The employee was exposed to carbon monoxide at a calculated level of 192 ppm as an eight hour TWA or 3.8 times the PEL. Overexposure to carbon monoxide can result in headache, dizziness, and nausea, as well as, damage to internal organs, and death.        Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-08-13 00:00:00

Abate by

2013-11-14 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)   Kenny's Concrete, Inc. DBA Concrete Floor Service, 1888 Sherman St., Denver, CO 80203: On March 22, 2013, Kennys Concrete, Inc. DBA Concrete Floor Services did not ensure that a substance listed in Appendix A did not exceed the 8 hour Time Weighted Average (TWA) for that substance.  An employee was exposed to carbon monoxide at a concentration greater than the eight hour Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 50 ppm. The employee was working in a parking garage with a  two gas powered generators and a gas powered shot blaster present in the area. The employee was exposed to carbon monoxide at a calculated level of 192 ppm as an eight hour TWA or 3.8 times the PEL. Overexposure to carbon monoxide can result in headache, dizziness, and nausea, as well as, damage to internal organs, and death.        Abatement Note:  Feasible engineering controls include, but are not limited to:      1)                  Local exhaust ventilation; and      2)                  Ensuring the general ventilation of the area is adequate,      3)                  Increasing the general ventilation system in the area.           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 (30 DAYS):  XXXXXXXXXXXXX                            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 silica. 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 but a competent Industrial Hygienist or other technically qualified person. Thirty (30) 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 (60 DAYS): XXXXXXXXXXXXX          Step 3:             Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.                                STEP 3 ABATEMENT DATE (90 DAYS): XXXXXXXXXXXXXXX      Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2013-08-13 00:00:00

Abate by

2013-09-27 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 required by the employer:      (a)               Kenny's Concrete, Inc. dba Concrete Floor Service, 1888 Sherman St., Denver, CO 80203: On and before March 29, 2013, the employer did not ensure that a written respiratory protection program was established and implemented in the workplace when the employer required the use of respirators during concrete resurfacing projects to protect employees from exposure to crystalline silica.      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, disinfection, storing, inspection., 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 situation;      (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)   Procedure for regularly evaluating the effectiveness of the program      Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").     Abatement Note:  The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.

Issued

2013-08-13 00:00:00

Abate by

2013-09-27 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 employees were fit tested or required to use a respirator in the workplace:      (a)               Kenny's Concrete, Inc. dba Concrete Floor Service, 1888 Sherman St., Denver, CO 80203: On and before March 29, 2013, the employer did not ensure that all employees who are required to wear an N95 respirator.      Abatement Note:  Abatement certification and documentation are required for this item (See enclosed "Certification of Corrective Action Worksheet").     Abatement Note:  The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.

Issued

2013-08-13 00:00:00

Abate by

2013-09-27 00:00:00

Penalty

Initial $2400.00 · Current $2000.00 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:       (a)               Kenny's Concrete, Inc. dba Concrete Floor Service, 1888 Sherman St., Denver, CO 80203: The employer did not develop, implement, and maintain at the workplace specific written hazard communication program which describes how the specified in paragraphs (f), (g), and (h) of this section for labels of warning, material safety data sheets, and employee information and training will be met. This condition exposed employees to hazards associated with exposure to carbon monoxide and silica.        Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").     Abatement Note: The requirements applicable to construction work under this section are identical to those set forth at 1910.1200 of this chapter.

Issued

2013-08-13 00:00:00

Abate by

2013-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(1):  Employers shall 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 have not previously been trained about is introduced into their work area. 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 datasheets.       (a)   Kennys Concrete, Inc. dba Concrete Floor Service, 1888 Sherman St., Denver, CO 80203: On and before March 29, 2013, the employer did not provide employees with information on the health hazards of the chemicals they are working with. This lack of knowledge exposed employees to hazards associated with chemicals such as carbon monoxide and silica.       Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").    Abatement Note: The requirements applicable to construction work under this section are identical to those set forth at 1910.1200 of this chapter.