OSHA Inspection: GERLACH'S PROPERTY MAINTENANCE, LLC

Issued

Aug 19, 2015

Abate by

Oct 6, 2015

Penalty

Initial $3,500 · Current $1,900 Reduced

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:         a.)    Gerlach's Property Maintenance, LLC, Jobsites throughout Erie County, on or about August 12, 2015 and times prior thereto:  The employer did not institute a continuing and effective hearing conservation program when employees' noise exposure exceeded an 8 hour time weighted average sound level of 85 dbA:       A.)  An employee performing landscaping operations including but not limited to lawn mowing, and trimming operations was exposed to noise at a level of 69.36% of the allowable limit during a 449 minute sampling period on August 12, 2015; exposure calculations included a zero increment for the 31 minutes not sampled.  This exposure is equivalent to a sound level of 87.6 dbA for the dose and time of the employee exposure.     B.)  An employee performing landscaping operations including but not limited to lawn mowing, trimming, and backpack blower operations was exposed to noise at a level of 90.50 % of the allowable limit during a 444 minute sampling period on August 12, 2015; exposure calculations included a zero increment for the 36 minutes not sampled.  This exposure is equivalent to a sound level of 89.8 dbA for the dose and time of the employee exposure.     C.)  An employee performing landscaping operations including but not limited to trimming, lawn mowing, and backpack blower operations was exposed to noise at a level of 68.54% of the allowable limit during a 450 minute sampling period on August 12, 2015; exposure calculations included a zero increment for the 30 minutes not sampled.  This exposure is equivalent to a sound level of 87.7 dbA for the dose and time of the employee exposure.

Issued

Aug 19, 2015

Abate by

Oct 6, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:    a)       Gerlach's Property Maintenance, LLC, Jobsites throughout Erie County, on or about August 12, 2015 and times prior thereto:  The employer had neither developed a noise monitoring program nor conducted noise monitoring for employees potentially exposed to an 8-hour TWA(time weighted average) of 85 dbA.

Issued

Aug 19, 2015

Abate by

Oct 6, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(g)(5)(i): The employer did not establish, within 6 months of an employee's first exposure at or above the action level, a valid baseline audiogram against which subsequent audiograms can be compared:     a.)    Gerlach's Property Maintenance, LLC, Jobsites throughout Erie County, on or about August 12, 2015 and times prior thereto:  The employer had not established valid baseline audiograms within 6 months of employees' first exposure at or above the action level of 85dBA for employees overexposed to noise as described in Citation 1 Item 1a.

Issued

Aug 19, 2015

Abate by

Oct 6, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:    a)      Gerlach's Property Maintenance, LLC, Jobsites throughout Erie County, on or about August 12, 2015 and times prior thereto:  The employer did not institute, and ensure employee participation in, a Hearing Conservation training program for all employees who were exposed to noise that exceeded an 8 hour time weighted average sound level of 85 dBA for employees overexposed to noise as described in Citation 1 Item 1a.