OSHA Inspection: NORTH SOUTH MASONRY & TUCKPOINTING, INC.

Issued

May 29, 2013

Abate by

Jul 16, 2013

Penalty

Initial $1,122 · Current $454 Reduced

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.103   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employees or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program with required worksite-specific procedures:    a) The employer did not establish and implement a written respiratory protection program in accordance with 29 CFR 1910.134 (c)(1) that would describe or include at least the following:       1)            Procedures for selecting respirators;   2)            Worksite specific procedures;   3)            Medical evaluations;   4)            Fit testing procedures;   5)            Procedures for proper use of respirators in routine and reasonably foreseeable emergency;   6)            Procedures and schedules for cleaning, storing, inspecting, repairing and discarding respirators;   7)            Employee training regarding respiratory hazards they are exposed to, proper use and limitations of respirators; and   8)            Procedures for regularly evaluating the effectiveness of the respirator program        The employer required of the employee(s) grinding mortar joints to wear respiratory protection.  The tuckpointer, operating the 4 ½ inch handheld grinder, used a 3M Model 6800 Full Face Tight Fitting Negative Pressure respirator equipped with P100 Cartridges (P/N 2901). The employer did not ensure that where respirators were required, a written respiratory protection program was established, implemented and maintained.

Issued

May 29, 2013

Abate by

Jul 16, 2013

Penalty

Initial $1,122 · Current $449 Reduced

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.103 NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.  29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employeeâ��s ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION/CONDITION) (DESCRIBE HAZARD)Note:  The employer may discontinue an employeeâ��s medical evaluations when the employee is no longer required to use a respirator.  a) The employer required of the employee(s) grinding mortar joints to wear respiratory protection.  The tuckpointer, operating the 4 ½ inch handheld grinder, used a 3M Model 6800 Full Face Tight Fitting Negative Pressure respirator equipped with P100 Cartridges (P/N 2901). 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.

Issued

May 29, 2013

Abate by

Jul 16, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.   29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    a) The employer required of the employee(s) grinding mortar joints to wear respiratory protection.  The tuckpointer, operating the 4 ½ inch handheld grinder, used a 3M Model 6800 Full Face Tight Fitting Negative Pressure respirator equipped with P100 Cartridges (P/N 2901).  The employer did not ensure that employees using a tight-fitting facepiece respirator were fit-tested either qualitatively (QLFT) or quantitatively (QNFT) prior to the initial use of the respirator.

Issued

May 29, 2013

Abate by

Jun 4, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.  29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    a) On26 April 2013, the employer allowed employee(s) that were required to wear tight-fitting respiratory protection to use respirator(s) when facial hair interfered with the seal between the facepiece and the face.  The employer required of the employee(s) grinding mortar joints to wear respiratory protection.  The tuckpointer, operating the 4 ½ inch handheld grinder, used a 3M Model 6800 Full Face Tight Fitting Negative Pressure respirator equipped with P100 Cartridges (P/N 2901).  The tuckpointer sported a moustache and a chin beard which interfered with the seal between the respirators facepiece and his face.

Issued

May 29, 2013

Abate by

Jun 10, 2013

Penalty

Initial $1,122 · Current $449 Reduced

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.103   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:      a) On 26 April 2013, the employer did not ensure that employee(s) wearing tight-fitting respiratory protection cleaned and disinfected the respirators as often as necessary to maintain them in a sanitary condition.  The employer required of the employee(s) grinding mortar joints to wear respiratory protection.  The tuckpointer, operating the 4 ½ inch handheld grinder, used a 3M Model 6800 Full Face Tight Fitting Negative Pressure respirator equipped with P100 Cartridges (P/N 2901).  Upon inspection, the inner surfaces of the respirators elastomeric facepiece parts were visibly contaminated with dust.

Issued

May 29, 2013

Abate by

Jun 10, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.  29 CFR 1910.134(h)(3)(ii)(A): Respirator inspections did not include a check of respirator function, tightness of connections, and the condition of the various parts including, but not limited to, the facepiece, head straps, valves, connecting tube, and cartridges, canisters or filters:    a) On 26 April 2013, the employer did not ensure that employee(s) wearing tight-fitting respiratory protection checked their respirator(s) for the condition of inhalation and/or exhalation valves.  The employer required of the employee(s) grinding mortar joints to wear respiratory protection.  The tuckpointer, operating the 4 ½ inch handheld grinder, used a 3M Model 6800 Full Face Tight Fitting Negative Pressure respirator equipped with P100 Cartridges (P/N 2901).  Upon inspection, the inhalation valves did not seat properly due to deterioration and pliability.

Issued

May 29, 2013

Abate by

Jul 16, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.  29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):    a) The employer required of the employee(s) grinding mortar joints to wear respiratory protection.  The tuckpointer, operating the 4 ½ inch handheld grinder, used a 3M Model 6800 Full Face Tight Fitting Negative Pressure respirator equipped with P100 Cartridges (P/N 2901).  The employer did not ensure that employee(s) demonstrated knowledge why the respirator was necessary and how improper fit, usage or maintenance can compromise the protective effect of the respirator.  The use of respirator(s) by tuckpointer(s) was observed and the lack of inspection and seal check; improper cleaning; putting on and removing of the respirator; and lack of knowledge about the diminishing protective effect due to facial hair was documented.

Issued

May 29, 2013

Abate by

Jul 16, 2013

Penalty

Initial $1,122 · Current $449 Reduced

Hazardous substances 9010

General-duty citation text

Construction Reference: 1926.59 NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 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) The employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling of containers of hazardous chemicals; 2) Material safety data sheet 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 on non-routine tasks; and 6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.  The employer did not develop a written hazard communication program.  On 26 April 2013, masonry worker(s) were exposed to hazardous matter (pH 12-13) containing crystalline silica (up to 20%) while filling the open gaps between the bricks with new mortar.  Worker(s) grinding out mortar joints were exposed to airborne dust containing up to 4% Crystalline Silica.  Ground worker(s) were exposed to hazardous substances including but not limited to Essroc Cementi Saylors Portland Cement Type I (contains Portland Cement; Gypsum; Limestone; and Crystalline Silica) and Western Miracle Lime Type S (contains Calcium Hydroxide; Magnesium Hydroxide; Dolomite; Magnesium Oxide) while mixing these ingredients along with sand and water into mortar.

Issued

May 29, 2013

Abate by

Jul 16, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 057715939010L100P104

General-duty citation text

Construction Reference: 1926.59 NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1200 of this chapter.  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) The employer did not provide the employee(s) with training regarding the health hazards of Crystalline Silica and Lime.  On 26 April 2013, masonry worker(s) were exposed to hazardous matter (pH 12-13) containing crystalline silica (up to 20%) while filling the open gaps between the bricks with new mortar.  Worker(s) grinding out mortar joints were exposed to airborne dust containing up to 4% Crystalline Silica.  Ground worker(s) were exposed to hazardous substances including but not limited to Essroc Cementi Saylors Portland Cement Type I (contains Portland Cement; Gypsum; Limestone; and Crystalline Silica) and Western Miracle Lime Type S (contains Calcium Hydroxide; Magnesium Hydroxide; Dolomite; Magnesium Oxide) while mixing these ingredients along with sand and water into mortar.