OSHA Inspection: 120 85, LLC

Issued

Jul 21, 2016

Abate by

Nov 23, 2016

Penalty

Initial $1,700 · Current $1,300 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1000(c): An employee was exposed to Silica in excess of the 8-hour time weighted average limit:    (a) 120 85, LLC at 10925 E 120th Ave, Henderson, CO 80640:  On or before February 18, 2016 the employer did not ensure employees performing asphalt recycling operations were protected from overexposures to crystalline silica.  An employee assigned to picking trash off the conveyor belt was exposed to a time weighted average (TWA) for crystalline silica of 5.766 mg/m3 which is in excess of the Permissible Exposure Limit (PEL) of 0.990 mg/m3. This condition exposed employee to respiratory hazards such as silicosis.

Issued

Jul 21, 2016

Abate by

Nov 23, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):   (a) 120 85, LLC at 10925 E 120th Ave, Henderson, CO 80640:  On or before February 18, 2016 the employer did not ensure employees performing asphalt recycling operations were protected from overexposures to crystalline silica.  An employee assigned to picking trash off the conveyor belt was exposed to a time weighted average (TWA) for crystalline silica of 5.766 mg/m3 which is in excess of the Permissible Exposure Limit (PEL) of 0.990 mg/m3.  This condition exposed employee to respiratory hazards such as silicosis. The employer did not ensure adequate controls were in place to ensure employees were protected from overexposures to crystalline silica.  Employees assigned to the first station on conveyor belt are exposed to greater amount of crystalline silica dust.  due to the lack of engineering controls such as water suppression.    Abatement Note:  Feasible engineering controls include, but are not limited to:    1)     Local exhaust ventilation on rock crusher; and 2)     Improvement in the water suppression system throughout operation,  3)     Isolation of the operator in a positive booth, 4)     Automation of the trash collection process 5)     Increase the distance between the operator and rock crusher.           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 exposure limits.                              STEP 1 - ABATEMENT (15 DAYS): August 2016                      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 exposures to silica. The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:    (a)   Evaluation of the extent and location of the hazard source    (b)  Evaluation of control measure options    (c)   Selection of optimum control measures    (d)  Determination of control measure design    (e)   Ordering and delivery of equipment    (f)   Installation of control measures    (g)  Training of employees in proper operation and maintenance of newly implemented control measures    (h)  Assurance of the effective performance of control measures. All proposed control measures shall be evaluated for each particular use but a competent Industrial Hygienist or other technically qualified person. Thirty (30) day progress reports are required during the abatement period. The progress report must identify the action taken to achieve abatement and the date the action was taken.     STEP 2 - ABATEMENT DATE (60 DAYS): September 2016    Step 3:             Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.                              STEP 3 - ABATEMENT DATE (120 DAYS):