OSHA Inspection: DEMAY SERVICES, LLC

Issued

Nov 18, 2016

Abate by

Dec 8, 2016

Penalty

Initial $4,989 · Current $2,494 Reduced

Hazardous substances 05779010

General-duty citation text

29 CFR 1926.21(b)(3): Employees required to handle or use poisons, caustics, and other harmful substances were not instructed regarding the safe handling and use, and were not made aware of the potential hazards, personal hygiene, and personal protective measures required:      a)  At the Destiny Mall, Syracuse worksite, on or about 5/19/2016: The laborers were exposed to caustic wet cement and airborne silica dust and were not instructed about the skin and respiratory hazards of the work; where skin burns occurred and the dust encountered during jackhammering was not described as hazardous silica containing dust.

Issued

Nov 18, 2016

Abate by

Nov 28, 2016

Penalty

Initial $4,988 · Current $0 Reduced

Hazardous substances S900

General-duty citation text

29 CFR 1926.55(a):  Exposure of employees to inhalation, ingestion, skin absorption, or contact with any material or substance at a concentration above those specified in the "Threshold Limit Values of Airborne Contaminants for 1970" of the American Conference of Governmental Industrial Hygienists, shall be avoided. See Appendix A to this section.    (a) At the Destiny Mall, Syracuse NY on or about 5/19/2016:  The jackhammer operator was exposed to crystalline quartz silica dust at the 8 hour time weighted average of 1.79 mg/m3, which was 1.29 times the Permissible Exposure Limit (PEL) of 1.39 mg/m3. Sampling was conducted for 465 minutes and a zero increment was included for the remaining 15 minutes.

Issued

Nov 18, 2016

Abate by

Nov 28, 2016

Penalty

Initial $0 · Current $0

Hazardous substances S900

General-duty citation text

29 CFR 1926.55(b): Feasible administrative or engineering controls were not implemented to reduce employee exposure(s):    (a) At the Destiny Mall garage renovation, Syracuse NY on or about 5/19/2016:  The jackhammer operator was exposed to crystalline quartz silica dust at the 8 hour time weighted average of 1.79 mg/m3, which was 1.29 times the Permissible Exposure Limit (PEL) of 1.39 mg/m3.  The administrative or engineering controls used were inadequate and feasible controls such as effective job rotation or dust-reducing jackhammer equipment were not employed.

Issued

Nov 18, 2016

Abate by

Dec 8, 2016

Penalty

Initial $4,988 · Current $0 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:   (Construction Reference 1926.103)    (a) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016:  Where jackhammer operators were exposed to silica dust and were required to wear N-95 filtering facepiece respirators for dusty work, there was no written respiratory program established or implemented.

Issued

Nov 18, 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: (Construction Reference 1926.103)    (a) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016:  Where jackhammer operators were exposed to silica dust and were required to wear N-95 filtering facepiece respirators for their dusty work, the employer had not performed any employee air monitoring to determine the severity of the silica hazard created during that task.

Issued

Nov 18, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:  (Construction Reference 1926.103)    (a) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016:  Where jackhammer operators wore N-95 filtering facepiece respirators for dusty work, the employer had not provided the information and limitations of the respirators as presented in Appendix D of the respirator standard.

Issued

Nov 18, 2016

Abate by

Nov 25, 2016

Penalty

Initial $4,988 · Current $2,494 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1926.52(b): Employees were subjected to sound levels exceeding those listed in table D-2 of 29 CFR 1926.52 and feasible administrative or engineering controls were not utilized to reduce sound levels:    (a) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016:  An employee performing jackhammering was exposed to continuous noise at a  level of 1304% of the dose of the permissible exposure limit (PEL).  The equivalent dBA for the 1304% is approximately 108.8 dBA calculated as the 8 hour time weighted sound pressure level.  The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 466 minutes. A zero increment was included for the remaining 14 minutes.  Administrative and engineering controls were not evaluated or implemented.       (b) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016:  An employee performing jackhammering was exposed to continuous noise at a  level of 1759% of the dose of the permissible exposure limit (PEL).  The equivalent dBA for the 1759% is approximately 110.6 dBA calculated as the 8 hour time weighted sound pressure level.  The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 483 minutes.  Administrative and engineering controls were not evaluated or implemented.       (c) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016:  An employee performing jackhammering was exposed to continuous noise at a  level of 918% of the dose of the permissible exposure limit (PEL).  The equivalent dBA for the 918% is approximately 106.7 dBA calculated as the 8 hour time weighted sound pressure level.  The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 436 minutes. A zero increment was included for the remaining 44 minutes.  Administrative and engineering controls were not evaluated or implemented.       (d) At the Destiny Mall, Syracuse worksite, on or about 7/14/2016: An employee performing jackhammering was exposed to continuous noise at a  level of 898% of the dose of the permissible exposure limit (PEL).  The equivalent dBA for the 898% is approximately 108.8 dBA calculated as the 8 hour time weighted sound pressure level.  The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 318 minutes. A zero increment was included for the remaining 162 minutes.  Administrative and engineering controls were not evaluated or implemented.       (e) At the Destiny Mall, Syracuse worksite, on or about 7/14/2016: An employee performing jackhammering was exposed to continuous noise at a  level of 923% of the dose of the permissible exposure limit (PEL).  The equivalent dBA for the 923% is approximately 109.0 dBA calculated as the 8 hour time weighted sound pressure level.  The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 318 minutes. A zero increment was included for the remaining 162 minutes.  Administrative and engineering controls were not evaluated or implemented.       (f) At the Destiny Mall, Syracuse worksite, on or about 7/14/2016: An employee performing jackhammering was exposed to continuous noise at a  level of 759% of the dose of the permissible exposure limit (PEL).  The equivalent dBA for the 759% is approximately 107.5 dBA calculated as the 8 hour time weighted sound pressure level.  The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 324 minutes. A zero increment was included for the remaining 156 minutes.  Administrative and engineering controls were not evaluated or implemented.       (g) At the Destiny Mall, Syracuse worksite, on or about 7/14/2016: An employee performing jackhammering was exposed to continuous noise at a  level of 496% of the dose of the permissible exposure limit (PEL).  The equivalent dBA for the 496% is approximately 104.5 dBA calculated as the 8 hour time weighted sound pressure level.  The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 203 minutes. A zero increment was included for the remaining 277 minutes.  Administrative and engineering controls were not evaluated or implemented.

Issued

Nov 18, 2016

Abate by

Nov 25, 2016

Penalty

Initial $0 · Current $0

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) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016: Where jackhammer operators were exposed to noise levels exceeding the values in Table D-2, the employer did not implement a hearing conservation program. See Citation1, Item 2a for exposure detail.

Issued

Nov 18, 2016

Abate by

Nov 25, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 8110

General-duty citation text

29 CFR 1926.101(a): Ear protective devices were not provided and/or were not used when it was not feasible to reduce noise levels or duration of exposures to those specified in Table D-2, Permissible Noise Exposure, in 29 CFR 1926.52:  (a) At the Destiny Mall, Syracuse worksite, on or about 5/19/2016: Where jackhammer operators were exposed to noise levels exceeding the values in Table D-2, some jackhammer operators were observed not wearing hearing protective devices when working.  See Citation 1, Item 2A for exposure detail.