OSHA Inspection: MERIT CONSTRUCTION SERVICES, INC.

Issued

Aug 27, 2013

Abate by

Jan 13, 2014

Penalty

Initial $2,800 · Current $1,400 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 Hygienists:    (a)     The laborer working at the parking ramp, 340 West Wells St., Milwaukee, WI, 53203, using the angle grinder to cut the concrete, was exposed to crystalline silica at an 8-hour time weighted average of 33.0 million particles per cubic foot (mppcf), approximately 1.5 times the limit of 22.3 mppcf; this limit is established to prevent silicosis, chronic obstructive pulmonary disease, bronchitis, collagen vascular disease, chronic granulomatous infections such as tuberculosis, and lung cancer.  The sample was collected on June 25, 2013 during a 370 minute sampling period; exposure calculations include a zero increment for the 110 minutes not sampled.

Issued

Aug 27, 2013

Abate by

Jan 13, 2014

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)     The laborer working at the parking ramp, 340 West Wells St., Milwaukee, WI, 53203, using the angle grinder to cut the concrete, was exposed to crystalline silica at an 8-hour time weighted average of 33.0 million particles per cubic foot (mppcf), approximately 1.5 times the limit of 22.3 mppcf; this limit is established to prevent silicosis, chronic obstructive pulmonary disease, bronchitis, collagen vascular disease, chronic granulomatous infections such as tuberculosis, and lung cancer.  The sample was collected on June 25, 2013 during a 370 minute sampling period; exposure calculations include a zero increment for the 110 minutes not sampled.   An abatement plan is required by 29 CFR Part 1903 and is to be submitted within twenty-five (25) calendar days after the final order date.   The abatement plan is to contain the steps being taken to abate the violation, a schedule for achieving abatement, and the interim measures being taken to protect employees.  Ninety (90) day progress reports are required during the abatement period.   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 permissible exposure limits.   Step 1 abatement date is xx/xx/2013. 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 exposure to hazardous substances as referenced in this citation.  This plan shall include, at a minimum, target dates for the following actions which must be consistent with the abatement dates required by this citation: 1.     Evaluation of engineering and/or administrative control options; 2.     Selection of optimum control methods and completion of design; 3.     Procurement, installation, and operation of selected control measures; 4.     Testing and acceptance or modification/redesign of controls.   Step 2 abatement date is xx/xx/2013. Step 3:  Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.  All proposed control measures shall be approved for each particular use by a competent industrial hygienist or other technically qualified person.   Step 3 abatement date is xx/xx/2013.

Issued

Aug 27, 2013

Abate by

Sep 3, 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)     On June 25, 2013 the employees were cutting and jackhammering on the concrete and wore the 3M half-face piece respirator and had not been given any medical evaluation.

Issued

Aug 27, 2013

Abate by

Sep 3, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

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: (Construction Reference 1926.103)  (a)     On June 25, 2013 the employees were cutting and jackhammering on the concrete and wore the 3M half-face respirators fitted with P100 particulate filters and had a beard that interfered with the seal of the respirator.

Issued

Aug 27, 2013

Abate by

Sep 3, 2013

Penalty

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

General-duty citation text

29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:  (Construction Reference: 1926.59)    (a)     There was no chemical specific training regarding the hazards of respirable silica for the employees who were cutting and breaking concrete in the parking ramp repair.