OSHA Inspection: FREEDOM CONSTRUCTION, INC.

Issued

Aug 31, 2015

Abate by

Oct 19, 2015

Penalty

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

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(c) as referenced by 29 CFR 1926.103: The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:    a) Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level    The employer failed to implement a written respiratory protection program for workers exposed to respirable crystalline silica dust and required to wear 3M negative pressure half face respirators.  An employee using an electric saw to cut a concrete floor was exposed to dust containing 20% crystalline quartz silica at an 8-hour time-weighted average (TWA) of 33.02 million particles per cubic foot (mppcf) which is 3.3 times the permissible exposure limit (PEL) of 10 mppcf.  Sampling was performed for 375 minutes on 07/08/2015, with the unsampled portion of time considered to represent zero for the exposure calculation.    Conditions observed on or about 07/08/2015.

Issued

Aug 31, 2015

Abate by

Oct 19, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(e)(1) as referenced by 29 CFR 1926.103: 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:  a) Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level  The employer failed to provide a medical evaluation for the workers exposed to respirable crystalline silica dust and required to wear 3M negative pressure half face respirators.  An employee using an electric saw to cut a concrete floor was exposed to dust containing 20% crystalline quartz silica at an 8-hour time-weighted average (TWA) of 33.02 million particles per cubic foot (mppcf) which is 3.3 times the permissible exposure limit (PEL) of 10 mppcf.  Sampling was performed for 375 minutes on 07/08/2015, with the unsampled portion of time considered to represent zero for the exposure calculation.  Conditions observed on or about 07/08/2015.

Issued

Aug 31, 2015

Abate by

Oct 19, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(f)(2) as referenced by 29 CFR 1926.103: Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:   a) Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level  The employer failed to provide fit testing for the employees exposed to respirable crystalline silica dust and required to wear 3M negative pressure half face respirators.  An employee using an electric saw to cut a concrete floor was exposed to dust containing 20% crystalline quartz silica at an 8-hour time-weighted average (TWA) of 33.02 million particles per cubic foot (mppcf) which is 3.3 times the permissible exposure limit (PEL) of 10 mppcf.  Sampling was performed for 375 minutes on 07/08/2015, with the unsampled portion of time considered to represent zero for the exposure calculation.  Conditions observed on or about 07/08/2015.

Issued

Aug 31, 2015

Abate by

Oct 19, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(k)(1)(i) as referenced by 29 CFR 1926.103: The employer did not ensure that each employee could demonstrate knowledge of why the respirator was necessary and how improper fit, usage, or maintenance could compromise the protective effect of the respirator:   a) Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level  The employer failed to train workers exposed to respirable crystalline silica dust and required to wear 3M negative pressure half face respirators about the proper fit, usage and maintenance of respirators.  An employee using an electric saw to cut a concrete floor was exposed to dust containing 20% crystalline quartz silica at an 8-hour time-weighted average (TWA) of 33.02 million particles per cubic foot (mppcf) which is 3.3 times the permissible exposure limit (PEL) of 10 mppcf.  Sampling was performed for 375 minutes on 07/08/2015, with the unsampled portion of time considered to represent zero for the exposure calculation.  Conditions observed on or about 07/08/2015.

Issued

Aug 31, 2015

Abate by

Oct 19, 2015

Penalty

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

General-duty citation text

29 CFR 1910.1200(e)(1) as referenced by 29 CFR 1926.59:  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) Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level    The employer did not develop, implement and maintain a written hazard communication program for employees who are exposed to chemicals, including but not limited to silica and carbon monoxide during saw cutting of concrete flooring.    Condition observed on or about 07/08/2015.

Issued

Aug 31, 2015

Abate by

Oct 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1) as referenced by 29 CFR 1926.59:  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) Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level  The employer did not provide effective training for employees who are exposed to chemicals, including but not limited to silica and carbon monoxide during saw cutting of concrete flooring.    Condition observed on or about 07/08/2015.

Issued

Aug 31, 2015

Abate by

Sep 18, 2015

Penalty

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

Hazardous substances S910

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)Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level    An employee using an electric saw to cut a concrete floor was exposed to dust containing 20% crystalline quartz silica at an 8-hour time-weighted average (TWA) of 33.02 million particles per cubic foot (mppcf) which is 3.3 times the permissible exposure limit (PEL) of 10 mppcf.  Sampling was performed for 375 minutes on 07/08/2015, with the unsampled portion of time considered to represent zero for the exposure calculation.    Condition was observed on or about 7/8/2015.

Issued

Aug 31, 2015

Abate by

Sep 18, 2015

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)Construction site at 187 Columbia Turnpike, Florham Park, NJ, basement level  The employer did not implement adequate engineering controls and administrative controls  for employees exposed to respirable crystalline silica dust during cutting of concrete floor.    An employee using an electric saw to cut a concrete floor was exposed to dust containing 20% crystalline quartz silica at an 8-hour time-weighted average (TWA) of 33.02 million particles per cubic foot (mppcf) which is 3.3 times the permissible exposure limit (PEL) of 10 mppcf.  Sampling was performed for 375 minutes on 07/08/2015, with the unsampled portion of time considered to represent zero for the exposure calculation.  Condition was observed on or about 7/8/2015.