OSHA Inspection: MELROSE ENTERPRISES, LTD.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $4,900 · Current $4,900

Hazardous substances 8110

General-duty citation text

29 CFR 1926.52(d)(1): In all cases where the sound levels exceeded the values shown in Table D-2 of 29 CFR 1926.52, a continuing, effective hearing conservation program was not administered:    a) Melrose Enterprises, Ltd., 8th and Arch Street, Philadelphia, PA - The employer did not administer an effective hearing conservation program.  Employees performing operations including, but not limited to, chipping and busting concrete, shot blasting and grinding, were exposed to sound levels which exceeded the permissible exposure limit of 90 dBA as an 8-hour Time weighted average.  The exposures measured is equivalent to an 8-hour TWA of 94.89 dBA, 93.24 dBA and 92.26 dBA.  Zero exposures was assumed for all unsampled time periods. Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 8110

General-duty citation text

29 CFR 1926.101(b): Ear protective devices inserted in the ear were not fitted or determined individually by competent persons:    a) Melrose Enterprises, Ltd. 8th and Arch Street, Philadelphia, PA- The employer provided employees with one type of ear plugs and these were not fitted or determined individually by competent persons.  Employee performing operations including, but not limited to chipping and busting concrete, shot blasting and grinding concrete were exposed to sound levels which exceeded the permissible exposure limit of 90 dBA as an 8-hour Time weighted average.  Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $4,900 · Current $4,900

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) Melrose Enterprises, Ltd, 8th and Arch Street, Philadelphia, PA- Employee exposure to silica exceeded the Permissible Exposure Limit (PEL).  Employee exposure monitoring conducted on June 4, 2015 showed that an employee operating the cement mixer, including adding 50 pound bags of IPATOP HES Base Cement Mortar to the mixer, was exposed to silica at an 8-hour Time Weighted Average (TWA) of 341 mppcf, approximately 41 times the Permissible Exposure Limit of 8.3 mppcf as an 8-hour time weighted average.  Sampling was conducted for 152 minutes and a zero exposure was assumed for the unsampled portion of the 8-hour shift.  Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

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:    a) Melrose Enterprises, Ltd., 8th and Arch Street, Philadelphia, PA -  Feasible engineering or administrative controls were not implemented to reduce employee exposure to silica during cement mixing.  Employee exposure to silica exceeded the Permissible Exposure Limit (PEL).  Employee exposure monitoring conducted on June 4, 2015 showed that an employee operating the cement mixer was exposed to silica at an 8-hour Time Weighted Average (TWA) of 341 mppcf, approximately 41 times the Permissible Exposure Limit of 8.3 mppcf as an 8-hour time weighted average.  Sampling was conducted for 152 minutes and a zero exposure was assumed for the unsampled portion of the 8-hour shift.  Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.51(f): Adequate washing facilities were not provided for employees engaged in the application of paints, coating, herbicides, or insecticides, or in other operations where contaminants might have been harmful to the employees:      a) Melrose Enterprises, Ltd., 8th and Arch Street, Philadelphia, PA - The employer did ensure that adequate washing facilities, including clean water, non-alkaline soap and clean towels were provided for employees working with Portland Cement, contained in IPATOP HES Base Cement Mortar, exposing employees to skin hazards.  Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $4,900 · Current $4,900

Hazardous substances 9010

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 as referenced in 1926.103:    a) Melrose Enterprises, Ltd., 8th and Arch Street, Philadelphia, PA - The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.  Employees were required to wear respirators such as, but not limited to Moldex 2300 series filtering facepiece respirators; 3M 6000 series half-mask and full facepiece air purifying respirators, and blasting helmets when they performed activities such as mixing cement; chipping and busting concrete; shot blasting; sweeping and other activities.  Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $4,200 · Current $0 Reduced

General-duty citation text

29 CFR 1926.95(a): Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, was not provided, used, or maintained in a sanitary and reliable condition it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact:      a) Melrose Enterprises, Ltd., 8th and Arch Street, Philadelphia, PA - The employer did not ensure that employees wore gloves and long sleeve shirts for protection from exposure to Portland Cement, when employees were adding and mixing cement using IPATOP HES Base Cement Mortar which contains 10 to 25% Portland Cement.  Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $3,500 · Current $0 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability as referenced in so CFR 1926.103:    a) Melrose Enterprises, Ltd., 8th and Arch Street, Philadelphia, PA- The employee did not select and ensure the appropriate respirator, based on the maximum use concentration, was worn by an employee exposed to respirable silica in excess of the Permissible Exposure Limit. Employee exposure monitoring conducted on June 4, 2015 showed that an employee wearing a half-mask air purifying respirator with a maximum use concentration of 83 mppcf, while operating the cement mixer was exposed to silica at an 8-hour Time Weighted Average (TWA) of 341 mppcf, approximately 41 times the Permissible Exposure Limit of 8.3 mppcf as an 8-hour time weighted average.  Observed on or about 6/4/15.

Issued

Nov 25, 2015

Abate by

Jan 15, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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 as referenced in 29 CFR 1926.103:    (a) Melrose Enterprises, Ltd. 8th and Arch Street, Philadelphia, PA -  The employer did not identify and evaluate employees` exposure to respirable silica including a reasonable estimate of employee exposures while operating the cement mixer, including adding 50 pound bags of IPATOP HES Base Cement Mortar to the mixer.  Employee exposure monitoring conducted on June 4, 2015 showed that an employee operating the cement mixer was exposed to silica at an 8-hour Time Weighted Average (TWA) of 341 mppcf, approximately 41 times the Permissible Exposure Limit of 8.3 mppcf as an 8-hour time weighted average.  Observed on or about 6/4/15.